



ssS^v^W^i^XVVA^SSSB^ 




G.Wm. Refnmuller, 
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LIBRARY OF CONGRESS, 

Shelf ., /A. 9W" 

PRESENTED BY ( ^ 



9—178 



UNITED STATES OF AMERICA. 



STUDIES 



IN 



CIVIL GOVERNMENT 



BY 

WILLIAM A. MOWRY, Ph.D. 

Editor of " Education," and for Twenty Years Senior Principal of the " Eng- 
lish and Classical School," Providence, R.I. Author of 
"Elements of Civil Government." 




BOSTON 

SILVER, BURDETT & CO., PUBLISHERS 

6 Hancock Avenue 

i 891 



/* 






41493 



"ELEMENTS OF CIVIL GOVERNMENT," 

BY 
WILLIAM A. MOWRY, Ph.D., 

Author of " Studies in Civil Government." 

Comprising a brief course in Local, State, and National Government, for 
ungraded, grammar, and high schools, — in style and language espe- 
cially adapted to interest and instruct young students. 

INTRODUCTORY PRICE, $0.72. 




Copyright, 1887, 1890, 
By WILLIAM A. MOWRY. 



Electrotyped by J. S. Cushing & Co., Boston. 
Presswork by Berwick & Smith, Boston. 



PREFACE. 



This book was not made to order, but has grown out of 
the personal experience of the author, who for twenty-five 
consecutive years sent out annually a class of boys from an 
English high-school course of study. Every member of 
each class completed a course in civil government, includ- 
ing the memorizing and careful discussion of the constitu- 
tion of the United States. The study of our republican 
government and governmental history was always fascinating. 
It led to a somewhat wide range of reading. Intense inter- 
est in this study has resulted in the publication of this book, 
which endeavors to set forth with great plainness of words 
and becoming brevity the history, the principles, and the 
essential facts of our peculiar government, local, state, and 
national. 

The work is designed for practical use in the school- 
room as a class text-book, adapted especially to the highest 



iv PREFACE. 

class in the grammar schools, and to any class in the high 
schools of our country. 

The author is well aware that the philosophical method 
of teaching is by analysis. Under certain favorable circum- 
stances he would prefer to begin with the national gov- 
ernment, leaving the treatment of the state and local 
governments to follow. He believes, however, that an ele- 
mentary treatment of any branch of study for young pupils 
— a treatment which might with propriety be called the 
natural method — should precede a fuller and more scientific 
presentation of the same subject for mature minds. 

It will readily appear that pupils of the highest grade in 
a grammar school are already familiar, in a general way, 
with town, county, state, and nation; yet it is far easier, as 
well as more philosophical, for the pupil, at this stage, to 
begin his study of government with home matters, pertaining 
to the town or the county. After this he will be able to 
grasp and comprehend affairs of the state and nation. 

A text-book for general use in the schools of all parts 
of the land cannot be expected to give detailed instruction 
concerning the peculiarities of state constitutions, laws, and 
their modes of operation. Nor is this necessary, inasmuch 
as the various state constitutions and governments are so 
nearly alike in essentials, and follow so closely the order of 
the national government, that a knowledge of the United 
States constitution and its workings is quite sufficient for 
all practical purposes. 

It would also be difficult to adapt a text-book in other 
respects equally well to the minutiae of civil affairs for the 



PREFACE. V 

older and the newer states. In some sections of our country 
the township is the important unit of government; in other 
parts the county forms such a unit, without sub-divisions. 
In this book much is made of the township, because it is 
believed that the township system presents certain advan- 
tages with which the pupil should become familiar. The 
operation of county affairs differs so much in different sec- 
tions, that it is somewhat difficult to elaborate the county 
government as fully as might seem desirable in certain parts 
of our land. 

The attention of the teacher is called to the necessity of 
dwelling particularly upon the subjects treated in Part I. 
It is hoped that the historical portion will receive careful 
attention, since a clear knowledge of the facts therein con- 
tained seems essential to the best understanding of the 
foundation of our government, national and state. 

The author acknowledges his indebtedness to the various 
text-books upon this subject in wide use throughout the 
country. He has given close attention to the best of them ; 
and while appreciating their good qualities, has not hesitated 
to follow a different treatment of the subject wherever his 
experience in the school-room has shown it to be preferable. 

Elliot's Debates, Towle's Analysis, Von Hoist's Consti- 
tutional History, Brownson's American Republic, De Toque- 
ville's Democracy, Curtis's History of the Constitution, 
Hildreth's History, Farrar's Manual of the Constitution, Pit- 
kin's Political and Civil History of the United States, Mans- 
field's Political Manual, and various public documents, — 
such as the Manual of the United States House of Repre- 



vi PREFACE. 

sentatives, the Manual of the Senate, and the Congressional 
Directory, — are commended to the attention of thoughtful 
teachers. Every high school should have a class in this 
subject; and every teacher of such class would find great 
advantage from having upon his table a copy of the revised 
Statutes of the United States. 

The American public school is properly subject to severe 
criticism for not making more prominent the study of our 
civil polity and our republican institutions. Public taxation 
for the support of public schools offers its best defence in 
the necessity of teaching the privileges and duties of Ameri- 
can citizens. 

This book is sent forth to the teachers of America, with 
the hope that it will be found useful in teaching the essen- 
tial facts and principles of our good republican government. 
For its defects it asks a kindly forbearance. 

Dorchester, Oct. i, 1887. W. A. M. 



NOTE TO THE FIFTH EDITION. 

Several events have occurred in the three years since the first 
edition of this book was issued, which have been carefully noted in 
this edition, and the necessary corrections made. President Har- 
rison's administration, the establishment of the department of agri- 
culture, and the admission of the six new states, North Dakota, 
South Dakota, Montana, Washington, Idaho, and Wyoming, are 
examples of these changes. 

A briefer book, treating the subject in a more elementary man- 
ner, for use in the grammar and ungraded schools, has been pre- 
pared and is now published. 

Dorchester, Oct. 1, 1890. W. A. M. 



CONTENTS. 



K >« 

PART I. 

OUR GOVERNMENT : TOWN, CITY, AND STATE. 
CHAPTER I. 

PAGE 

Town and City Government . . i 

CHAPTER II. 
The Objects of Government 9 

CHAPTER III. 
Public Schools 14 

CHAPTER IV. 
Taxation 21 

CHAPTER V. 
Town, State, and Nation 26 

CHAPTER VI. 
The Colonial History 29 

CHAPTER VII. 
The Germs of Union 36 

CHAPTER VIII. 
The Colonial Governments : Their Specific Forms ... 43 



viii CONTENTS. 

CHAPTER IX. 

PAGE 

The Continental Congress 48 

CHAPTER X. 
The Articles of Confederation . ... . . -53 

CHAPTER XI. 

Adoption of the Constitution . . . . . . 57 

PART II. 

THE GOVERNMENT UNDER THE CONSTITUTION. 

The Constitution of the United States 63 

Amendments 78 

CHAPTER I. 
The Preamble . . . . 84 

CHAPTER II. 
The Three Departments of Government 87 

CHAPTER III. 
The Legislative Department 89 

CHAPTER IV. 
The Senate 93 

CHAPTER V. 
Provisions relating to Both Houses of Congress ... 99 

CHAPTER VI. 
The Powers of Congress ........ 105 

CHAPTER VII. 
Restrictions upon the National Government . . . .129 



CONTENTS. ix 

CHAPTER VIII. 

PAGE 

Restrictions upon the States , 134 

CHAPTER IX. 

The Executive Department . . . . . . . .137 

CHAPTER X. 
The Judicial Department . . . . • . . .158 

CHAPTER XI. 
Miscellaneous Provisions . . . , . . • .163 

CHAPTER XII. 
Amendments to the Constitution 171 

PART III. 

CHAPTER I. 

The Government under the Constitution: Its History and 
Practical Operation. 177 

CHAPTER II. 
Territorial Growth 207 

CHAPTER III. 
Present Extent of Our Country . . . . . .213 

APPENDIX. 

I. Declaration of Rights 217 

II. Declaration of Independence . . . . . . 223 

III. Articles of Confederation 229 

IV. Electoral Count Bill . . . . . . . . 240 

INDEX 247 



ILLUSTRATIONS. 



A View in Washington Opposite title-page. * 

The Old State House, Philadelphia .... " page 51 > - 

The National Capitol " " 63 r 

Floor Plan of Capitol at Washington ... " " 8j *- 

Floor Plan of Senate Chamber " "93 /,- 

Floor Plan of the Hall of the House of 

Representatives " " 99 ^ 

The Patent Office, Washington " " 120 ^ 

The New State, War, and Navy Building . . " " 182 . 

The New State Capitol, Albany, N.Y " " 206 , 



Part I. 

OUR GOVERNMENT: TOWN, CITY, AND STATE. 



■•O*- 



CHAPTER I. 

TOWN AND CITY GOVERNMENT. 

Man a Social Being. — A life of solitude is unnat- 
ural. Man everywhere enjoys society. In all parts of the 
world and in all time people have lived in communities. 

Need of Government. — Whenever men live in a 
community, they are placed under certain mutual obliga- 
tions. Unless these obligations were regarded, society 
would prove a failure. Man is selfish as well as social. 
The weak must, therefore, be protected from the strong. 
Moreover, there are common interests which require 
united action. This united action may be for the com- 
mon defence of the community or for the general welfare 
of all. 

The Township. — The unit of government is gener- 
ally the town. In many parts of our country this is 
called a township. Where the population is dense and 
houses are close together, side by side, so that within a 
small area there is a large population, the government 
is generally under the form of a city. A town includes 
the people who are permanent residents within a certain 
limited and prescribed territory, usually occupying but 



2 TOWN GOVERNMENT. 

a few square miles. In the western part of our country, 
where the national government has plotted the land, a 
township is six miles square. 

A Town Government. — The government of a town, 
or township, is in the hands of the people permanently 
residing within the limits of that township. These 
people combine together for the protection and mutual 
good of all. This is the fundamental principle of gov- 
ernment. To carry on this government and make the 
necessary provisions for the mutual good of the inhab- 
itants of the town, taxation is resorted to. The people, 
therefore, come in contact with the government, first 
of all, in the way of taxation. Taxes are levied by a 
majority vote of the citizens assembled in town meeting. 

Town Meeting. — The people of the town meet to- 
gether annually upon a day appointed by law, and elect 
the town officers, vote a tax such as they deem necessary 
to carry on the affairs of the town, receive reports of 
the town officers for the past year, and decide what 
shall be done during the year to come. 

Taxes. — Money is ordinarily raised by taxation for 
the following purposes, namely : the support of the 
public schools, making and repairing highways, the care 
of the poor, maintaining the fire department, paying 
the salaries of the town officers, paying for the detec- 
tion and punishment of offenders against the law, main- 
taining burial grounds, planting shade trees, providing 
for disabled soldiers and sailors and their families, and 
in general for all other necessary expenses. 

Town Officers, (i) Moderator. — The town meet- 
ing is presided over by an officer called the moderator, 
who is elected at each meeting for that purpose. 



TOWN GOVERNMENT. 3 

(2) Town Clerk. — The town clerk is elected annually, 
and is required to keep a record of all votes passed at 
town meeting ; to administer requisite oaths to officers ; 
to record births, marriages, and deaths in the town, 
and the name of the town officers elected ; to make 
necessary returns to county officers or to officers of the 
state, and to perform such other duties as are specified 
by law, differing somewhat in different sections of the 
country. The town clerk usually calls the town meeting 
to order, reads the warrant under which the meeting is 
held, and presides until a moderator is chosen. 

(3) Selectmen. — The town is a corporation, and must 
have some officer or officers to represent it, to act for it, 
and to attend to the general business of the town. In 
some states this officer is called a supervisor. In others, 
several persons are elected, called, in some states, trus- 
tees of townships ; in other states, selectmen ; and in 
others, the town council. In New England, the powers 
and duties of these officers are greater than in other sec- 
tions of the country, because, from the time of the earli- 
est settlements, the town has been a more important 
division of the state here than elsewhere. 

(4) Town Treasurer. — There is usually elected at the 
town meeting, a town treasurer, who receives all sums 
of money belonging to the town, and pays the same to 
the order of the proper officers. He must give bonds 
for a faithful performance of his duties. He is required 
to make an annual report to the town of his receipts and 
expenditures. 

(5) School Committee. — Generally throughout the 
country each town or county elects a board of school 
committee, or school directors. In some states the mem- 



4 TOWN GOVERNMENT. 

bers of the school committee are elected annually, and 
in other states they are elected for three years, one-third 
of the board being elected each year. This board has 
the general charge and superintendence of the public 
schools of the town or county. 

In most of the states the school committee elect the 
teachers of the public schools, make contracts with them, 
fix their salaries, etc. In some of the states they exam- 
ine the teachers as to their qualifications to teach and to 
govern, visit the schools, arrange the courses of study 
for the different grades of school, see that the schools 
are properly managed, that the instruction is correctly 
given by the teachers, and have the power to dismiss 
teachers for cause at any time. In many of the Western 
states these duties fall largely upon the county superin- 
tendent of schools. The school committee are required 
to make an annual report to the town or county of the 
condition of the schools, with such suggestions for their 
improvement as they think proper. 

(6) Surveyors of Highways. — The town chooses one 
or more surveyors of highways. Frequently the town- 
ship is divided into districts, and a surveyor appointed 
for each district. In some cases the town creates a board 
of road commissioners, who have the general charge of 
the roads and bridges of the town. In those states 
where the county is more prominent the roads are under 
county superintendence. 

(7) Assessors of Taxes. — These officers are elected by 
the town, and it is their duty to make annually a list of 
the names of all taxable inhabitants, to estimate the 
value of all property, real and personal, and to assess 
a tax upon the same. In addition to this property tax 



TOWN GOVERNMENT. 5 

a poll tax is laid in many states, which consists of a 
fixed sum, generally one or two dollars, to be paid by 
each male resident of the town, over twenty-one years 
of age. In some cases this poll tax is restricted to those 
who do not pay a property tax. 

Property is usually considered as either real estate or 
personal property. Real estate means land and perma- 
nent buildings upon the land. All other kinds of prop- 
erty are called personal property. Both kinds of prop- 
erty are subject to taxation. 

(8) Collector of Taxes. — Each town may choose a 
collector of taxes. In some states the constable collects 
the taxes. The collector gives bonds to the town for 
the faithful discharge of his duties. The tax must be 
paid within a specified time. If not so paid, the col- 
lector may seize upon the property and sell it at public 
auction, refunding to the owner all that is received above 
the tax and cost of collection. 

(9) Overseers of the Poor — It is the duty of these 
officers to provide for the support of paupers belonging 
to the town, who have no relatives able to support them. 
This provision is made in different sections in various 
ways. In some states there is in each county a poor- 
house, to which the paupers of the towns are sent, and 
the expense charged by the county to the towns severally. 
In other states each town maintains its own poor-house 
or arranges with private individuals for the support of 
the paupers. 

In some states various other town officers are provided 
for : such as, field-drivers, to take up and hold in safe 
keeping stray cattle ; a pound-keeper, whose duty it is 
to care for stray animals committed to his custody by 



6 CITY GOVERNMENT. 

the field-drivers ; fence-viewers, surveyors of lumber, 
measurers of wood, sealers of measures, etc. 

Summary of Town Officers. — The moderator, 
town clerk, selectmen, town treasurer, school committee, 
surveyors of highways, assessors of taxes, collectors of 
taxes, overseers of the poor, field-drivers, pound-keepers, 
fence-viewers, surveyors of lumber, measurers of wood, 
sealers of weights and measures. 

Most of these officers are elected annually, and must 
be sworn to the faithful discharge of their duties. 

Cities, Villages, and Boroughs. — Every township 
acts as a corporation. Whenever a town or a particular 
portion of a town has become thickly populated, a dif- 
ferent kind of government is needed. The houses be- 
ing close together, there is greater danger from fire. A 
fire department is therefore needed. Sidewalks, paved 
streets, street lights, police, and other advantages must 
be provided which are not required in the smaller towns. 
In accordance with state laws a charter may be obtained, 
and the town becomes incorporated as a city, a village, 
or a borough, with certain privileges and powers such 
as are enumerated above. 

Incorporated cities are common throughout the whole 
country. Incorporated villages are confined to certain 
states. In Connecticut and Pennsylvania, an incorpo- 
rated village is called a borough. Ordinarily the word 
village means only a collection of houses, or of people 
living near one another. 

Charter. — The charter describes the boundaries of 
the city or village, names its officers, and prescribes 
their powers and duties. 

City Officers. — The chief executive officer of the 



CITY GOVERNMENT. 7 

city is the mayor, whose position is one of great impor- 
tance. 

His duties are various, — often onerous and difficult, 
— and his powers must be, in the nature of the case, 
somewhat unlimited. He is the executive officer of the 
city. It is his duty to see that the laws of the city are 
properly enforced, and in general to supervise the con- 
duct of subordinate officers. He may call special meet- 
ings of the city council and give such information and 
make such recommendations as he shall deem necessary. 
In some cases he presides over the board of aldermen. 
He usually has the veto power similar to that of the 
governor of the commonwealth. 

Aldermen. — The city is divided into wards of con- 
venient size, in each of which is usually chosen an 
alderman (sometimes two) and such other officers as 
are prescribed in the charter. Sometimes two or more 
wards have but one alderman. In some cases the mayor 
and aldermen constitute the city council, which is a kind 
of legislature, having power to pass such laws as the 
government of the city requires. The city laws are 
commonly called ordinances. In other cases, another, 
larger board is elected, called the common council. In 
some cities it is the custom for each ward to elect 
annually or otherwise a warden and a ward clerk. In 
some cases inspectors or judges of elections are appointed 
from the great political parties, whose duty it is to 
receive, sort, and count the ballots cast at elections. 
The duties of the warden correspond somewhat to those 
of the moderator at the town meeting. The ward clerk 
keeps a record of the proceedings of the ward meeting. 

The city usually elects a school committee or a board 



8 CITY GOVERNMENT. 

of education, assessors of taxes, overseers of the poor, 
city clerk, treasurer, collector of taxes, superintendent 
of streets, engineers of fire departments, a city physi- 
cian, a city solicitor, an auditor of accounts, and some- 
times other officers. In some cases these officers are 
elected by the people, in other cases by the joint vote 
of the two branches of the city council, and in others 
still, they are appointed by the mayor and confirmed by 
vote of the aldermen or the council. 

Village Officers. — The chief executive officer of 
an incorporated village is usually termed president of 
the village. The village has also a board of trustees or 
directors. The president of the village is generally 
chosen by the trustees from their own number. 



CHAPTER II. 

THE OBJECTS OF GOVERNMENT. 

We have treated briefly some of the functions of gov- 
biflment as related to the town and city. What has now 
been considered may prove sufficient to prepare the way 
for a brief discussion of the province and objects of gov- 
ernment. It is sometimes said that the sole functions 
of government are to maintain peace and execute jus- 
tice. These are, undoubtedly, the primary functions of 
government, but let us see if they cover the entire 
case. 

We have found that the town or city not only assesses 
and collects taxes and appoints constables to arrest 
wrong-doers, but it also appoints overseers of the poor, 
school committee-men or school directors, surveyors of 
highways, — officers not required to maintain the peace 
and execute justice. 

All civilized governments consider themselves bound 
to perform other duties of an entirely different character 
from what pertains to peace and justice. When our 
fathers framed the constitution of the United States, 
they gave in the preamble to that instrument an admira- 
ble definition of the province of government. This pre- 
amble reads as follows : — 

" We, the people of the United States, in order to form 
a more perfect union, establish justice, insure domestic 
tranquillity, provide for the common defence, promote the 



I0 THE OBJECTS OF GOVERNMENT. 

general welfare, and secure the blessings of liberty to our- 
selves and our posterity, do ordain and establish this con- 
stitution for the United States of America." 

The first of these six objects of government, namely : 
" To form a more perfect union/' grew out of the fact 
that this government was to be a union of thirteen sep- 
arate colonies. Omitting that, the remaining five points 
in this admirable exposition of the objects of govern- 
ment are — observe them carefully : (i) To establish jus- 
tice, (2) To insure domestic tranquillity, (3) To provide 
for the common defence, (4) To promote the general 
welfare, (5) To secure the blessings of liberty to our- 
selves and our posterity. 

Justice. — The first object is, therefore, to establish 
justice; — to see that each person has his rights, and is 
not interfered with in the exercise of these rights. 

Peace. — The second is to maintain the peace within 
the borders of the government, and the third to take 
care that peace is also preserved as against enemies 
from without. 

The General Welfare. — The fourth clause : — " To 
promote the general welfare" — is one that requires here 
our special attention. In the earlier times, as illustrated 
in the feudal system, the principal object of government 
seemed to be to protect the people from enemies from 
without ; that is, from foreign nations, tribes, and peoples. 

Military Government. — The basis of this govern- 
ment was essentially military. In process of time, as 
the race progressed and improved, the danger from with- 
out diminished, and the danger from within increased ; 
that is, the government found less to do in providing 
for the common defence, and more to do in insur- 



THE OBJECTS OF GOVERNMENT. Ir 

ing domestic tranquillity. To preserve the peace from 
wrong-doers within became more important than to pre- 
serve the peace from wrong-doers without. This con- 
dition of affairs after a time brought us to the second 
stage of the government theory. The first was the 
military period, to preserve from enemies without. 

Police Government. — The second became the po- 
lice period, to protect from wrong-doers within. Dur- 
ing the past two or three hundred years this has seemed 
to be the particular province of government, — to insure 
domestic peace and justice. The typical officers of gov- 
ernment during this period were the magistrate, the 
constable or sheriff, and the judge. 

A Higher Ideal. — Within the last century, however, 
we have largely advanced into a third period of govern- 
mental theory, which has made more and more prominent 
the grand object and purpose of promoting the general 
welfare of all the people, of bearing constantly in mind 
the question, not what interferes with the public good, 
not to punish wrong-doing, but what will promote the 
public good, what will tend to right-doing. It is quite 
apparent at the present day that the government should 
occupy itself more and more with this province of its 
work, and that the government of the future will be 
not like the government of former times, a military des- 
potism, nor like the government of a later period, a great 
police organization, but rather a great political corpora- 
tion, whose duty it is to take such active measures as 
will best conduce to the highest welfare, to the greatest 
happiness of the people, constantly bearing in mind that 
we of the present generation, in view of the blessings 
received from the past, are in duty bound to provide for 



12 THE OBJECTS OF GOVERNMENT. 

future generations the best possible conditions for their 
development and happiness. This is "to secure the 
blessings of liberty to ourselves and our posterity. ,, 

In this view of government the foundation principle 
would be, that the government has the right and is 
charged with the duty to promote the public welfare, 
by all legitimate measures in which that welfare can be 
better secured by the government than by individual, 
private enterprise. 

Summary. — Let us then summarize the great duties 
of the government. They may be stated as follows : (i) 
To provide for the common defence against foreign 
nations, (2) To secure the people under the government 
against domestic violence and personal injustice, (3) To 
promote the general welfare of the people by carrying 
on all those great enterprises which are necessary, and 
which reason and experience show can be better carried 
on by the government than by private means. Under 
this head we have found the town government main- 
taining schools and building highways. We shall here- 
after find that our national government establishes and 
maintains post-offices, by which correspondence can 
be conducted and printed information disseminated 
throughout the whole country, easily, promptly, and 
at slight expense. 

The national government also maintains a light-house 
system for the general advantage and protection of com- 
merce. It spends a large amount of money each year 
for the protection and improvement of harbors and 
rivers, also in the interests of commerce. It provides 
for broad and careful scientific observations, in order to 
secure those advantages which accrue from a better 



THE OBJECTS OF GOVERNMENT. 13 

knowledge of geography, astronomy, and the laws of 
physics, chemistry, meteorology, etc., etc. 

The government surveys public lands and attends to 
the recording of deeds, which are the evidence of owner- 
ship in lands. We shall find that some of these matters 
are left to the national government, others to the state 
government, and yet others are managed by the county, 
and the city and town governments. 

Some persons are of the opinion that it would be 
wiser to leave the post-offices, roads, light-houses, public 
education, and all matters of this kind to private enter- 
prise. Such a movement, however, would result in dis- 
astrous failure. Many persons, on the other hand, are 
strongly of the opinion that, before many years, the 
government will find itself under obligation, in promot- 
ing the public good, to assume the control of the rail- 
roads of the country, telegraph, and telephone lines, 
and the work of the express companies. Undoubtedly 
the true rule which should govern in this matter is this : 
whatever the people in their individual capacity can do 
as well should be left in their hands. Whatever the 
public good requires that the government should un- 
dertake should be committed to the government. 

The motto should be, "the best means to promote the 
greatest good to the greatest number." The ends to 
be sought are the most healthy development, the great- 
est good, the highest and largest happiness to the whole 
people. These are the functions of government. 



CHAPTER III. 

PUBLIC SCHOOLS. 

To promote the welfare of the citizens is one of the 
proper objects of government. This alone would be a 
sufficient warrant for the establishment of a system of 
education by the government, but our American plan 
of public schools is also based upon the fundamental 
principle of self-preservation. It is an absolute neces- 
sity for a republican government. 

The perpetuity of a republic depends upon the intelli- 
gence and virtue of the people. A monarchy may best 
sustain itself by keeping the people in ignorance. Like 
the soldier in the army, the first duty of a subject is to 
obey. Yet it has been found that intelligence combined 
with the musket and the bayonet wins the battle. In a 
republic, however, which, as President Lincoln has said, 
is " a government of the people, for the people, and by 
the people," it is absolutely necessary that the people, 
the whole people, be intelligent. 

Early Public Schools in New England. — Rec- 
ognizing this, the founders of New England early estab- 
lished the principle, that the property of the state should 
be taxed to educate the children of the state. Hence 
public schools were established at a very early date in 
the New England colonies. 

Schools at the West. — During the early part of 
this century large numbers of emigrants from New 



PUBLIC SCHOOLS. 15 

England became settlers in the valley of the Ohio and 
the upper Mississippi. These pioneers carried with 
them the New England system of public schools. 
They were greatly aided in this by a clause in the 
ordinance of 1787, which was passed by the Conti- 
nental Congress for the government of the territory 
northwest of the Ohio river. This famous ordinance 
provided that schools and the cause of education should 
forever be encouraged in this territory. 

Public Lands for School Purposes. — When the 
national government platted the public lands, the ar- 
rangement was made for cutting up the territory into 
townships, each township being six miles square. The 
township was to be divided into sections, each section 
being one mile square. The sections, therefore, were 
numbered from one to thirty-six. In pursuance of the 
policy outlined in the ordinance of 1787, Congress set 
apart the 16th and 36th sections in each township for 
the support of public schools. These sections were sold, 
and the proceeds turned into the treasury of the state. 
In this way the states of the northwest accumulated a 
school fund, and each state was, therefore, committed 
to a public-school system. Hence, education by the 
state became an established principle throughout that 
section of our country. 

Schools of the South. — Since the civil war, which 
resulted in the abolition of slavery, the Southern states 
have adopted a public-school system. Thus the cause 
of education has progressed until every state in the 
American Union has an established system of free 
schools. By this system of public education at public 
expense each state claims the right to tax the property 



!6 PUBLIC SCHOOLS. 

in the state for the support of the schools, and also the 
right to make compulsory laws by which every child is 
obliged- to attend school a required number of weeks 
each year, for a certain number of years. Some states 
have such compulsory laws, among the provisions of 
which is often found a clause which prohibits manufac- 
turers and others from employing children between the 
ages of ten and fourteen or fifteen years, who have not 
within the preceding year attended school for a certain 
number of weeks, as required by law. These schools, 
therefore, are state schools. 

The National Government and Education. — The 
national government, as such, is not committed to any 
general system of education, because the policy of the 
framers of our constitution was to leave in the hands of 
the states and the people of the states all rights and 
duties which did not seem necessary to be conferred 
upon the national government. 

The general government has, however, in various ways, 
committed itself to the aid of education. In addition to 
setting apart the 16th and 36th sections of each town- 
ship for educational purposes, appropriations of land in 
the newer states have been made for state universities. 
Fifty years ago a surplus fund of about thirty millions of 
dollars had accumulated in the national treasury. This 
surplus revenue was distributed, by an act of Congress, 
among the states then existing. Many of the states have 
set apart their share of this fund for school purposes. 

Government Schools. — The government has main- 
tained, at its own expense, a military academy at West 
Point, for the education of army officers ; a naval academy 
at Annapolis, to educate officers for the navy ; a college 



PUBLIC SCHOOLS. 1 7 

for deaf-mutes at Washington ; a school for instruction 
in the signal service at Fort Whipple, Va., near Wash- 
ington ; and Congress has from time to time during later 
years made various appropriations for the education of 
the Indians. It has, especially of late, made liberal ap- 
propriations for the excellent schools for the Indian youth 
now maintained at Hampton, Va. ; Carlisle, Penn. ; Sa- 
lem, Ore. ; Santa Fe, N.M. ; and other places. It has 
maintained common schools at various military posts, and 
the president has lately established a system of education 
for the territory of Alaska. 

Bureau of Education. — In 1867 Congress estab- 
lished, under the Department of the Interior, a national 
Bureau of Education, to collect and publish educational 
statistics and other information relating to educational 
matters, and to be the central medium of communication 
on such subjects between the various states of the union, 
and between this country and foreign nations. This 
bureau has proved itself of great educational value to 
this country. Yet, as has been intimated, the general 
work of education must be under the direction of the 
states. 

State Systems. — In the various states different 
systems prevail. 

The Township System. — In the older states, where 
the importance of the town as a unit of government was 
magnified, much of the details of the system, together 
with the raising of a large part of the necessary funds for 
maintaining the schools, has been relegated to the several 
towns. In the newer sections of the country these older 
school laws have been modified, and a more systematic 
and methodical arrangement has been made by each state 



1 8 PUBLIC SCHOOLS. 

acting as a whole. Generally, the state has a school 
fund, or raises the money by a school tax, which it distrib- 
utes among the several towns or counties of the state 
for the maintenance of schools regulated and governed 
in accordance with the state school laws. Then the 
towns or counties make additional appropriations. In 
a few states the township is divided into school districts, 
each district being a corporation, and levying a tax upon 
the property within its limits for the support of the 
schools in addition to the town or county and state tax. 
By far the best system is that in which each town or 
township forms but one school district. The schools 
of the town are then under the control of a board of 
directors, or school committee, or trustees, who have in 
charge their entire management, appointing and certifi- 
cating the teachers, making contracts with them for their 
wages or salaries, establishing rules for the government 
of the schools, arranging courses of study, and a sys- 
tem of promotions, and in general, exercising entire con- 
trol of the schools, school-houses, and teachers. 

Supervision. — Within the last few years a system of 
supervision has been rapidly growing in public favor. 
So that we now have a state superintendent of public 
instruction in every state of the union, in many states 
county superintendents, and in most of our cities and 
large towns a city or town superintendent. 

State Superintendent. — It is the duty of the state 
superintendent to collect information relating to the 
schools of the commonwealth, the number of teachers, 
the number of children, the amount of money expended, 
and other important matters concerning the school sys- 
tem and its proper operation. It is his duty to report 



PUBLIC SCHOOLS. 



19 



to the legislature, usually at every session, the informa- 
tion which he has collected, and to suggest improvements 
in the management of the schools. 

County Superintendents. — More than one-half of 
the states have officers called " County Superinten- 
dents/' " County School Commissioners,'* or " County 
Examiners." In most cases these officers are elected 
by the people for a term varying from two to four years. 
They examine and license teachers, visit and inspect 
schools, hold teachers' meetings or institutes, make 
reports to the state superintendent and to the county 
school boards. In some states they decide appeals and 
disputes arising under the school law, and in some cases 
disburse the school revenue. The appointment of 
teachers, however, belongs to the local school boards. 
The " county superintendent " is a valuable factor in the 
work of public education. 

City and Town Superintendents. — More spe- 
cific duties are assigned to the city and town superin- 
tendents than to those of the county and state. These 
officers are charged with the general conduct of the 
schools, their management, gradation, courses of study, 
etc., usually under the direction of the school commit- 
tee or board of directors, or, as it is called in many 
states, a board of education. 

Gradation of Schools. — Our system of public 
schools is graded as follows : (1) primary schools, for the 
youngest pupils ; (2) grammar schools, for those from 
nine or ten years of age to perhaps fourteen years, 
where are taught the ordinary English branches, partic- 
ularly arithmetic, geography, grammar, and the history 
of our own country ; and (3) high schools, where studies 



20 PUBLIC SCHOOLS. 

are pursued necessary for a good business education, or 
to prepare the pupil for the college, the school of tech- 
nology, or the professional school. In some states (4) the 
state university crowns this system. Most of the states 
have in addition to the schools already mentioned, (5) 
normal schools for the training of teachers. It is evi- 
dent that if the state should furnish education to 
its citizens, it ought to provide suitable instructors. 
Hence, as a matter of necessity, normal schools should 
be maintained everywhere to train properly those who 
should teach in the public schools. This, in brief, is 
our American system of public school education. 

Church and State. — In our republic the church 
and the state are separated. There is no state church, 
and no preference must be given by the government to 
one religious denomination over another. Consequently, 
the distinctly religious or theological education which 
in the early times characterized the schools of New 
England, is inconsistent with our republican institu- 
tions ; but the necessity for virtue and an upright life 
in the republic is greater than the need of intelligence. 
Hence our public schools everywhere should inculcate 
the purest principles of morality, and as morality must 
be based upon the sanctions of religion, and that re' 
sponsibility for human action which comes from the 
recognition of God and our responsibility to him, so 
religion without sectarianism should characterize the 
teaching and the atmosphere of all schools throughout 
the country. 



CHAPTER IV. 

TAXATION. 

It follows from necessity that government, whether of 
town, state, or nation, has the right to raise the necessary- 
funds to carry on all the functions of the government. 

The different officers of the state, county, and town 
must be paid salaries. Public buildings, such as the 
capitol at Washington, the buildings for the different 
departments, state, treasury, war, etc., patent-office, 
general post-office, custom-houses, light-houses, and 
post-offices throughout the country, by the national 
government ; state-houses, court-houses, jails, by the state 
government ; town-houses, school-houses, etc., by the town 
government ; all these and others are to be built and 
paid for. The money which is needed for the expense 
of the government is raised by taxation. 

This tax is a sum of money which the government 
demands from the individual or from his property to 
pay for the uses of government. The government pro- 
tects him in his rights, protects his property, and often 
advances its value by public improvements. Thus gov- 
ernment has the right to levy a tax upon him and his 
property. 

The tax necessary for the support of the national 
government is usually, in times of peace, when there 
are no extraordinary expenses, raised by what is called 
indirect taxation. During most of the period of our 



32 TAXATION. 

national history the entire expense of our government, 
or nearly so, has been paid by duties upon manufac- 
tured goods imported from foreign countries. The 
greater part of our direct taxes, therefore, are levied by 
the state and the town. Some states levy a tax upon 
all male citizens over twenty-one years of age, others 
upon all voters. This is called a poll tax. The state 
and the town, however, rely principally upon money 
raised by tax upon property. This is called property tax. 

Valuation of Property. — For the proper appor- 
tionment of this tax, it is necessary that all property in 
the town should have a proper valuation placed upon it. 
Hence the town appoints assessors, whose duty it is to 
make a list of all tax-payers, and of all taxable property 
in the town. They are required to estimate the true 
value of every piece of property liable to taxation. It 
is customary to fix this valuation at an amount some- 
what lower than the full market value of the prop- 
erty. In this respect great differences are found in 
different parts of the country, and sometimes in towns 
and cities near to each other. In some places the taxa- 
ble valuation is placed at the full market value, or even 
at a higher sum than the property would bring if sold. 
In other places the custom is to fix the valuation at 
such a sum as the assessors suppose the property would 
bring if sold at a forced sale in times of financial de- 
pression. 

It makes little difference to the tax-payer whether the 
valuation is high or low. A definite amount of money 
is to be raised, and if the valuation is high, the rate of 
taxation will be lower. If the valuation is on a low 
scale, the rate of taxation will be higher. It is, how- 



TAXATION. 



23 



ever, important to any individual tax-payer that the val- 
uation of his property shall be neither higher nor lower 
than that of others. 

Each town, in this way, through its assessors, deter- 
mines the valuation of all the property in the town which 
is subject to taxation. In many states where county 
taxes are levied, it is found necessary to have a county 
board of assessors, who receive the tax lists from the 
assessors of the several towns and cities within the 
county, and if, in their judgment, the valuation in one 
town is higher than in another, it is their duty to equal- 
ize the assessments, and to make such changes as jus- 
tice seems to demand. 

For the state tax there is, in many states, a state 
board of equalization. This board receives the lists 
from all the counties and makes the necessary estimates 
for the equitable adjustment of taxes throughout the 
state. 

Levying of Taxes. — When the assessors of a town 
have placed the valuation upon all the property of the 
town, the next thing is to determine the rate of taxa- 
tion. First, the amount of money to be raised by the 
town for all purposes is fixed ; second, from this sum 
the amount of the poll tax is subtracted, and the re- 
mainder is the sum necessary to be raised by the prop- 
erty tax. If this sum be divided by the total valuation 
of the property of the town, the quotient is the rate of 
taxation ; that is, the sum to be raised on each dollar of 
property. In small towns with no fire department, no 
police, and in all respects a small expenditure needful, 
the rate of taxation is sometimes as low as two mills on 
one dollar, or perhaps less. This rate would make 



24 TAXATION*. 

twenty cents on one hundred dollars, or two dollars on 
each thousand dollars of property. In large towns and 
cities the rate of taxation is often as high as two per 
cent, or twenty dollars on a thousand : possibly in some 
instances it is much higher than this rate. 

Collection of Taxes. — In the older states, and in 
some of the newer ones, the custom prevails for all 
taxes, town, county, and state, to be collected by the tax- 
collectors of the town. In other cases the county 
system prevails, and the county collector receives the 
assessors' lists for the entire county and makes collec- 
tions of the taxes. 

The law fixes the time of payment of taxes. If one 
neglects to make payment within the specified time, a 
fine or penalty is added. If the person is still delin- 
quent, after a further specified time the property is sold 
at auction. The government thus collects enough 
money to pay the tax and expenses, and gives a tax 
title to the purchaser. The former owner has a speci- 
fied time in which to redeem his property, by payment 
of the tax and all costs. 

Treasurer and Auditor. — The collector pays over 
the money collected as taxes to the treasurer, whether 
town or county, and takes a receipt from that officer for 
the amount paid. The treasurer is required to give 
bonds for the faithful performance of his duties. 

It is customary for the town, county, or state to have 
an officer called an auditor, whose duty it is to audit 
every bill presented for payment, before the treasurer is 
permitted by law to pay it. The treasurer's final ac- 
count must therefore correspond with the final account 
rendered by the auditor. 



TAXATION. 



25 



Exemptions. — Many of the states have passed what 
are termed exemption laws, specifying certain kinds of 
property which shall not be deemed taxable. In levying 
taxes, therefore, the assessors make up their lists from 
taxable property only. In general, the states exempt 
from taxation some portion of one's personal property, 
particularly the tools and utensils of laborers. In most 
states institutions of learning and charitable institutions 
are exempt from taxation. In some states church 
property, like meeting-houses and parsonages, are ex- 
empt from taxation. It will readily be seen that a very 
large part of the taxes must be collected from real 
estate. Whenever the town collector is charged with 
collecting the state tax and county tax, as well as the 
town tax, these three sums, which are to be found on 
three separate tax lists, are to be added together, and 
the collector receives from the tax-payer the amount 
needed to pay the town expenses, the proper share of 
the county expenses, and a relative portion of the state 
expenses. As a matter of fact, the state tax, in our 
country, is usually much less than the town tax or the 
county tax. 



CHAPTER V. 

TOWN, STATE, AND NATION. 

We have considered, very briefly, certain fundamental 
facts and customs concerning our town or city govern- 
ments. Towns, cities, and incorporated villages and bur- 
oughs are called municipalities. Their government is 
distinguished by the name municipal government. 

A collection of towns forms a county. A collection 
of counties is included in a state. Our union of states 
forms a national or federal government. We have con- 
sidered the municipal government first for the following 
reasons : in the first place, you are all more or less ac- 
quainted with the government of the town or city in 
which you live, and therefore that would be the natural 
starting-point. In the next place, the individual citizen 
comes more directly in contact with the government of 
the town than of the state or nation. 

Contact with Government. — We have seen that 
the municipal government touches us first of all by way 
of taxation, then in connection with the schools and 
highways, the police or constables, the surveyor of lum- 
ber, the measurer of wood, etc. We come in contact 
with the government of the county and the state less 
frequently. We vote for town officers, for school offi- 
cers, for members of the legislature, and for governor. 
We record our deeds of real estate at the county seat. 
Our courts of justice are held in the counties. 

With the national government the ordinary citizen 



TOWN, STATE, AND NATION. 27 

has but little to do. In common life we touch the 
national government almost entirely through the post- 
office. The machinery of the national government 
reaches down to the towns scarcely in any other way 
than through the post-office ; but in order properly to 
understand the whole subject of government, its rela- 
tions to us as individuals, our relations and our respon- 
sibilities to it, we must consider the national govern- 
ment and the state governments as well as matters con- 
cerning the towns. 

Our Government Peculiar. — Our government is a 
peculiar one. It has been called "a complicated ma- 
chine." Our national constitution differs from any con- 
stitution ever before known in the world. Our govern- 
ment is not purely a republic, neither is it a league of 
states. Our American people constitute a nation with a 
republican government. It has a constitution clearly 
defining and limiting the powers and duties of the gov- 
ernment. This constitution is the supreme law of the 
land. We have also state governments. 

The Nation and the State. — The national consti- 
tution embraces under its authority all the people in 
every section of the entire country. 

The state constitution must not be in opposition to 
the national constitution, but under that constitution it 
includes under its authority all the people in all sections 
of the state, and is the organic law for the state. If 
our government were merely a league of states, we 
could have no supreme national government. On the 
other hand, if it were a consolidated republic, the na- 
tional constitution would be sufficient, and there could 
be no state constitutions. 



2 8 TOWN, STATE, AND NATION. 

In one view we are a single people, a nation, com- 
pletely and absolutely, just as truly as France or 
England. Again, our national constitution recognizes 
the individual states with their powers and their sepa- 
rate constitutions. Each state is not a sovereign state, 
but has absolute authority within certain limits, yielding 
supremacy to the national government in all points cov- 
ered by the national constitution. 

Origin of the States and the Nation. — Originally 
there were thirteen states united in our national gov- 
ernment. The nation did not precede the states, nor 
did the states precede the nation. Thirteen English 
colonies subject to the government of Great Britain 
complained to the mother country of certain grievances. 
In prosecuting these complaints, the colonies appointed 
delegates to an American Congress. The grievances 
were not abated. The delegates to the Continental 
Congress adopted what was called a " Declaration of 
Independence." By this declaration these thirteen col- 
onies ceased to be colonies of the mother country, and 
became states at once, states of the American Republic, 
consisting of a union of these states. The republic with 
its national organization commenced July 4, 1776. The 
states ceased to be colonies and became states July 4, 
1776. Then the nation began, then the life of the states 
as states commenced. 

It will be necessary, therefore, in order to understand 
the nature of our national government, thus briefly out- 
lined, to consider with some care the principal events of 
history which lead up to the beginning of this nation. 



CHAPTER VI. 

THE COLONIAL HISTORY. 

After the discovery of America by Columbus, the 
leading nations of Europe contended for the possession 
of the new world. Each claimed for itself, by right of 
discovery, sole right and title to vast sections of North 
America, along the coast of which their explorers and 
navigators had sailed. 

French Settlements. — In process of time settle- 
ments were made here and there along this coast. The 
French were the first settlers in Canada, and hence they 
claimed the entire valley of the St. Lawrence river. 
From Canada their explorers, particularly the priests of 
the Roman Catholic Church, pushed out westward, 
crossed the great lakes, floated down the Ohio and the 
Mississippi, and finally France took possession of the 
entire valley of the Mississippi river. The French, 
therefore, held these two great valleys. 

Spanish Settlements. — Spain confined her opera- 
tions to the warmer latitudes, made settlements and laid 
claim to Florida, Mexico, and Central America. At 
one time it seemed as though the great contest for 
supremacy on this continent would be fought out be- 
tween France and Spain, and that either one or the 
other would dominate the continent. 

British Colonies. — Great Britain sent over a few 
feeble colonists. These settled, at first, in Virginia and 



30 



THE COLONIAL HfSTORY. 



Massachusetts. Other settlements followed. In pro- 
cess of time England obtained possession of the country 
along the coast from Maine to Georgia, laying claim, 
wherever there was no other well authenticated title, to 
the entire region westward to "The Great South Seas." 
Prior to the middle of the last century the English 
colonies were so weak, few in numbers, and occupied 
so small a portion of the territory of the continent, that 
one might well prophesy their total extinction at no dis- 
tant day. The tide, however, was turned by the contest 
between Great Britain and France, which took place 
between 1756 and 1763. This was the war familiarly 
known to us as the French and Indian War. It was a 
sharp and bloody contest between Great Britain and her 
American colonies on the one side, and France with her 
colonies and friendly Indian tribes on the other. This 
culminated in the battle of Quebec, in September, 

1759- 

The Battle of Quebec. — The British general, 

Wolfe, under cover of the darkness of the night, pushed 
his army of less than five thousand men by a circuitous 
route up the precipitous bluff that frowns upon the great 
river, and fought, on the Plains of Abraham, the battle 
which was to decide the fate of North America. 

The brave general in command of the French, Mont- 
calm, received the attack, and with bold impetuosity 
moved his troops forward in the vain endeavor to flank 
the British and drive them back down the bluff to the 
river. In the severe contest which followed this move- 
ment, Wolfe, first shot in the wrist, received a second 
ball, and then was struck by a third in the breast, which 
gave him his mortal wound. He died in the moment 



THE COLONIAL HISTORY. 



31 



of victory. He, who four days before had looked upon 
death with dismay, now said exultantly, " God be praised, 
I die in peace.' ' Montcalm, also fighting at the head of 
his troops, was wounded again and again, and finally, 
when his forces gave way and were running before the 
English bayonets, in attempting to rally a body of Cana- 
dian troops, he fell mortally wounded. Bravely he died. 
Among his last words were the following : " How long 
shall I survive ? " "Ten or twelve hours ; perhaps less," 
said the surgeon. " So much the better; I shall not live 
to see the surrender of Quebec." 

With the fall of Quebec fell the power of France in 
America. 

Results of the War. — The English were furiously 
imperious. They were drunk with success. They dic- 
tated severe and humiliating terms to France. The 
French were in no condition to abase their pride. 
France yielded to necessity, and on the third of No- 
vember the preliminaries of the peace were signed. 
The treaty was finally ratified on the tenth of February, 
1763. By this treaty the following transfers were made 
of the territory of North America. England received 
a clear title to Canada, Acadia, Cape Breton and its 
dependent islands, and all the country north of these 
provinces, several of the West India islands, the Span- 
ish provinces of East and West Florida, and extended 
the boundaries of her colonies along the Atlantic coast 
westward to the Mississippi. 

To Spain was ceded New Orleans and the great prov- 
ince of Louisiana, which extended from the Gulf of 
Mexico northward to the Lake of the Woods, and west- 
ward from the Mississippi to the summit of the Rocky 



32 THE COLONIAL HISTORY. 

Mountains. France, therefore, lost in this single con- 
test every vestige of her power in North America. Not 
a foot of soil remained to her, only the two little islands 
of St. Pierre and Miquelon out in the Atlantic, as a shel- 
ter for her fishermen. 

Importance of this Treaty to North America. — 
The importance of this treaty to the future of North 
America can scarcely be overestimated. The contest 
itself was in reality for supremacy in North America. 
It was a contest of race, of laws, of manners and cus- 
toms, of language and of religion. Had the French 
conquered, in all human probability North America 
would have been French to-day, with her language, her 
people, her customs, her laws, her religion. On the 
contrary, as England conquered, the continent was 
destined to become English, a free country ; liberty as 
its watchword, and progress and prosperity the result. 
This was the supreme moment in the history of North 
America. 

The Drift towards Independence. — The most 
sagacious men of the time at once began to foresee a 
contest between the colonies and the home government. 
As early as 1760 Calvert, the secretary of Maryland, 
wrote as follows : " It has been hinted to me, that at the 
peace, acts of parliament will be moved for amendment 
of government and a standing force in America, and 
that the colonies for whose protection the force will be 
established, must bear at least the greatest share of 
the charge. This will occasion a tax." 

Pratt, the attorney-general, but known in America as 
Lord Camden, is reported to have said to Benjamin 
Franklin : " For all that you Americans say of your 



THE COLONIAL HISTORY. 33 

loyalty, and notwithstanding your boasted affection, 
you will one day set up for independence/' Franklin 
in all honesty replied : " No such idea is entertained by 
the Americans or ever will be, unless you grossly abuse 
them. ,, To this Pratt replied : " Very true. That I see 
will happen and will produce the event." 

Count de Vergennes, one of the most sagacious and 
wise statesmen that France ever produced, then the 
French ambassador at Constantinople, when he heard 
the conditions of the treaty, said to a British traveller, 
and afterward himself recalled the prediction to the 
notice of the British ministry: "The consequences of 
the entire cession of Canada are obvious. I am per- 
suaded England will ere long repent having removed 
the only check that could keep her colonies in awe. 
They stand no longer in need of her protection. She 
will call upon them to contribute towards supporting 
the burdens they have helped to bring on her ; and they 
will answer by striking off all dependence." These 
predictions of the French statesman are worthy a place 
beside some of those remarkable prophesies attributed 
to Napoleon the First. 

England confidently expected, as a result of this war, 
a boundless increase of her wealth. 

A month before the treaty was ratified, what had long 
been resolved upon was publicly avowed : " That the 
standing army of twenty battalions was to be kept up 
in America after the peace, and that the expense was 
to be defrayed by the colonists themselves." But Eng- 
land was to be disappointed in the result. Bancroft, 
the historian, says : " The colonial system, being founded 
on injustice, was at war with itself. The common inter- 



34 



THE COLONIAL HISTORY. 



est of the great maritime powers of Europe in uphold- 
ing it existed no more. The Seven Years' War, which 
doubled the debt of England, increasing it to seven 
hundred millions of dollars, was begun by her for the 
acquisition of the Ohio valley. She achieved that con- 
quest, but not for herself. Driven out from its share in 
the great colonial system, France was swayed by its 
commercial and political interests, by its wounded pride, 
and by that enthusiasm which the support of a good 
cause enkindles, to take up the defence of the freedom 
of the seas, and to desire the enfranchisement of the 
English plantations. This policy was well devised ; and 
England became not so much the possessor of the 
valley of the west, as the trustee, commissioned to 
transfer it from the France of the middle ages to the 
free people who were making for humanity a new life 
in America/ ' 

The Anglo-Saxon tongue, spoken by a large part of 
the Teutonic race, with its strong tendency to individ- 
uality and freedom, was to prevail throughout the conti- 
nent. Not only so, but it was destined to spread itself 
more widely and to exert upon the destinies of mankind 
a greater influence than any tongue ever heretofore 
spoken by the human race. 

Bancroft, in closing the second volume of his great 
history, indulges in the following glowing apostrophe to 
this, our English tongue : — 

" Go forth, then, language of Milton and Hampden, 
language of my country. Take possession of the North 
American continent. Gladden the waste places with 
every tone that has been rightly struck on the English 
lyre, with every English word that has been spoken 



THE COLONIAL HISTORY. 35 

well for liberty and for man. Give an echo to the now 
silent and solitary mountains ; gush out with the foun- 
tains, that as yet sing their anthems all day long with- 
out repose ; fill the valleys with the voices of love in 
its purity, the pledges of friendship in its faithfulness ; 
and as the morning sun drinks the dewdrops from the 
flowers all the way from the dreary Atlantic to the 
Peaceful ocean, meet him with the joyous hum of the 
early industry of freemen. Utter boldly and spread 
widely through the world the thoughts of the coming 
apostles of the people's liberty, till the sound that 
cheers the desert shall thrill through the heart of 
humanity, and the lips of the messenger of the people's 
power, as he stands in beauty upon the mountains, 
shall proclaim the renovating tidings of equal freedom 
for the race." 



ft.*' 



> - 



V 



v> 



1?| 

* V V 

V 



^4l?V*Vf 



CHAPTER VII. 

THE GERMS OF UNION. 

It should be remembered jdiat the English colonies, 
which were stretched along the Ktlantic coast, had but 
few bonds of union. They were colonies of the same 
mother country. They were subject to the laws of 
Great Britain. They were, more or less, according to 
-their several charters and grants, under the control of 
the British parliament; but they were jealous of each 
other. There was no mutual dependence one upon 
another. Their interests were diverse, and it was an 
exceedingly difficult matter for the leaders of the people 
to foster a spirit of union between them. When that 
union came, it came not from the leaders, but sponta- 
neously from the masses of the people themselves. 

Each of the colonies exercised certain powers of self- 
government, but none claimed independence from Eng- 
land. 

The First Union. — The first union that was formed 
between any of the colonies was as early as 1643. At 
that time the Indians were threatening the white set- 
tlers of Connecticut and Massachusetts. To resist the 
common enemy a union was formed between the colo- 
nies of the Massachusetts Bay, Plymouth, Connecticut, 
and New -Haven, under the name of "The United Colo- 
nies of New England." Another object of this union 
was to resist the claims and encroachments of the 



THE GERMS OF UNION. 37 



Dutch. More than a century passed before there was 
any further attempt at a general union among the colo- 
nies. 

During this time the colonies were growing, intro- 
ducing the comforts of the old world, and carrying on 
large traffic with the mother country. Though suffering 
severely from the several Indian wars that characterized 
this period, they held resolutely apart from each other, 
jealousies and alienations, instead of common interests 
and friendships, controlling public affairs. Nevertheless, 
union was in due time to be brought about. 

The Second Attempt. — At the request of the 
"lords commissioners for trade " a convention w^s held 
in Albany, in June, 1754, when commissioners from 
seven of the colonies, — Massachusetts, New Hampshire, 
Rhode Island, Connecticut, New York, Pennsylvania, 
and Maryland — met and held prolonged sessions. The 
object of this convention, as designed by the lords 
commissioners, was to form a treaty with some of the 
Indian tribes, and to consider the best means for de- 
fending America against France, that country being 
then on the eve of a great war, which we have already 
considered, and which began in 1756, and was termi- 
nated by the famous treaty of 1763. 

After due consultation the commissioners carried 
their views much farther than had been intended by 
the British government. The plan of union was pro- 
posed by Dr. Franklin, who was a member of the con- 
vention, providing for a confederation of all the colo- 
nies, with a council to be chosen triennially, and a 
president to be appointed by the crown. The president 
and council were to have power to regulate all affairs 



3 8 THE GERMS OF UNION. 

with the Indians, to control settlements on lands which 
should be purchased from the Indians, to govern such 
settlements, to raise soldiers, build forts, and equip 
vessels for guarding the coast and protecting the trade. 
They were to have power to make laws for the execu- 
tion of these purposes, and to levy duties and taxes as 
they might think proper. The president was to have 
the veto power on all laws and acts of the council, and 
it was his duty to see that the laws were properly exe- 
cuted. The plan never went into operation. It was 
rejected from different motives, both by the govern- 
ment of the colonies and by the home government at 
London. 

Difficulties. — The difficulties in the way of union 
were so serious that some of the most intelligent men of 
this country were fully persuaded that it would be impos- 
sible to reconcile the differences of the colonies so as to 
unite them in a common confederacy. Pitkin, in his 
history, says of the plan adopted by this convention : 
"It had the singular fate of being rejected in England 
because it left too much power in the hands of the colo- 
nists, and of being disapproved in America because 
it transferred too much power to the hands of the 
crown." 

Remember that this convention was held just at the 
beginning of the war with France. The importance of 
such a union as was here proposed was acknowledged by 
all, and apparently the principal benefit which followed 
from the convention was, that it made the idea of union, 
familiar to our colonial ancestors, so that after the close 
of this war, when the English parliament began to exer- 
cise what the colonies considered unreasonable authority 



THE GERMS OF UNION'. 



39 



over them, they were quite ready to consult together on 
the means of defence ; and to concert measures for a 
general resistance. 

The Congress of 1765. — Hence it came to pass 
that in 1765 a congress of delegates from nine of the 
colonies was held in New York. The immediate cause 
of this congress was the Stamp Act, which had passed 
the British parliament, in March of that year. Although 
the colonists vehemently protested against the right of 
parliament to tax them, yet that body fully committed 
itself to the policy of raising a revenue from the colonies 
by taxation. They passed the Stamp Act, which required 
that all legal documents used in the colonies, in order to 
be valid, should be upon stamped paper furnished by the 
British government. When the news of this act reached 
America, a common opposition to it rose to fever heat at 
once in all the colonies. The colonial assembly of Vir- 
ginia adopted most vigorous resolutions. These resolu- 
tions were moved and supported by the fiery eloquence 
of the celebrated Patrick Henry. It was in the heat of 
debate prior to their passage, when Henry exclaimed : 
" Caesar had his Brutus, Charles the first his Cromwell 
and George the Third — " Here he was interrupted by 
the speaker and others, with the cry of " Treason, trea- 
son." Pausing a moment and coolly turning to the 
speaker and fixing his eye upon him, slowly and with a 
low, calm voice said : " may profit by their example. If 
this be treason, make the most of it." 

The proposition for a congress to meet at this time 
was made by Massachusetts, whose General Court voted 
that it was desirable that a congress of delegates from 
all the colonies should be held. New York was fixed 



40 



THE GERMS OF UNION. 



upon as the place of meeting. Massachusetts, Rhode 
Island, Connecticut, New York, New Jersey, Pennsylva- 
nia, Delaware, Maryland, and South Carolina elected 
commissioners. Virginia, North Carolina, and Georgia 
were not represented, the governors of these colonies 
having refused to call the assemblies together to appoint 
delegates. New Hampshire thought it prudent not to 
send delegates, although she approved the plan. 

This was the first general meeting of the colonies for 
the purpose of considering their relations to the mother 
country, to determine their rights and privileges, and to 
petition for redress for the violation of these rights on 
the part of the home government. 

In their declaration of rights and grievances they 
claimed that the colonists were entitled to all the inhe- 
rent rights and liberties of subjects within the kingdom 
of Great Britain ; " that it is inseparably essential to 
the freedom of the people, and the undoubted right of 
Englishmen, that no tax be imposed upon them, but with 
their own consent, given personally or by their repre- 
sentatives." 

The Stamp Act was repealed, but the British ministers 
still persisted in their attempts to coerce the colonies ; and 
the duties imposed were quite as obnoxious as the Stamp 
Act had been. They now determined to form a closer 
union for their own protection, and the colonies united 
in sending delegates to Philadelphia with the general 
authority "to meet and consult together for the com- 
mon welfare." 

The First Continental Congress. — This was the 
first continental congress. It was proposed by Massa- 
chusetts, and the name "continental congress" was sug- 



THE GERMS OF UNION. 4I 

gested by her. On the 5th of September, 1774, dele- 
gates from twelve of the thirteen colonies assembled at 
Philadelphia. Georgia, the youngest colony, alone was 
unrepresented. Many distinguished men were members 
of this congress. Among them were John Adams and 
Samuel Adams of Massachusetts, Roger Sherman of 
Connecticut, John Jay of New York, George Washing- 
ton, Peyton Randolph, Richard Henry Lee, and Patrick 
Henry of Virginia. Randolph was chosen president, 
and the congress proceeded to business. 

The first resolution adopted was one which subse- 
quently proved of great importance. It provided as fol- 
lows : " That in determining questions in this congress 
each colony or province shall have one vote." This rule 
of equal state suffrage remained in force through the 
entire history of the second continental congress, and 
down to the adoption of the constitution in 1789. 

Addresses. — Their session was short, and their busi- 
ness quickly dispatched. They adopted an address to the 
king, one to the people of Great Britain, another to the 
inhabitants of the several colonies, and another to 
the inhabitants of Quebec. These addresses were dig- 
nified, yet bold and decided. They were drawn up with 
such consummate ability, that Lord Chatham was forced 
to speak of them in terms of the highest admiration. It 
was the confident belief of the majority of the members 
of this congress, that the measures which they had 
adopted, if supported by the American people, as 
indeed they were, would produce a wholesome redress 
of their grievances. In this view they were disap- 
pointed. They adjourned after recommending that 
another congress should convene on the 10th of May 



42 THE GERMS OF UNION. 

of the next year, provided that a redress of grievances 
was not previously obtained. 

The Second Continental Congress. — The breach 
between England and the colonies became wider. Con- 
sequently, in accordance with the recommendation of 
the first continental congress, delegates were appointed 
by the several colonies, who met in Philadelphia on the 
ioth of May, 1775. As in the first congress, some of 
the delegates were chosen by conventions, and some by 
the legislatures. In almost every instance the several 
colonies appointed the same delegates that had served 
them the previous year. This body is known as the 
second continental congress. It became the national 
government of this people, and continued its sessions 
for fourteen years. 

The colonies are now upon the eve of the great revo- 
lutionary war. They have convened that body which 
brought forth the declaration of independence, and 
which carried on the war to a happy termination in 
the acknowledged independence of the United States 
of America. 

Before proceeding with this history, let us retrace our 
steps, and consider more particularly the condition of 
the colonies previous to this time, with special reference 
to their forms of government. 



CHAPTER VIII. 

THE COLONIAL GOVERNMENTS : THEIR SPECIFIC FORMS. 

The leading nations of Europe, at an early date, 
undertook voyages of discovery in North America, and 
fitted out colonies to settle at various points upon the new 
continent. This new world, but vaguely known, was then 
supposed to contain mines of the fabulous wealth and to 
have a climate of such a wonderful character as to pro- 
long life indefinitely. The Spanish, particularly, had 
heard of a wonderful fountain in this fairy-land, by 
bathing in which one could renew his youth. It was 
supposed that the natives were accustomed to wear the 
most costly jewels, and that the very sand upon the 
fields and upon the banks of the rivers sparkled with 
gold. Moreover, the hope of finding a short passage to 
the East Indies stimulated the government to fit out 
vessels and send them on voyages of discovery. 

Spain, at this time, was one of the richest and most 
powerful of the nations of Europe. Her conquests in 
the new world gave her great riches, and so increased 
her power as to make the other governments more anx- 
ious, both to establish colonies and to find a western 
passage to India. 

Three of these European powers put forth greater 
efforts than others, and as we have already seen, vied 
with each other for supremacy on this continent. 

Spain. — Within the present limits of the United 



44 THE COLONIAL GOVERNMENTS. 

States, Spain made settlements only in Florida, New 
Mexico, and California. She sent many vessels on 
voyages of discovery, which coasted along the Pacific 
coast from Mexico northward as far as latitude 50, and 
the oldest permanent settlement in our country was 
made by the Spanish at St. Augustine, Fla., in 1565. 
This nation had also the honor of establishing the sec- 
ond oldest town, Santa Fe, N.M., which was settled 
about twenty years after the Spanish had established 
themselves at St. Augustine. 

England. — The English made their first permanent 
settlement on a little island in the York river, Virginia, 
in 1607. 

The French. — France effected permanent settle- 
ments in the valley of the St. Lawrence, and held the 
whole valley of the great Mississippi and its numerous 
and important tributaries. 

The Dutch established themselves at New York in 
161 3. The English at Plymouth, Massachusetts, in 
1620. From this period onward English settlements 
multiplied at various points along the coast, between the 
Spanish settlements in Florida and the French in Nova 
Scotia. The last of these original English colonies was 
established at Savannah, Georgia, in 1733. 

Thirteen English Colonies. — At the beginning of 
the Revolution there were thirteen colonies along this 
coast, all of them weak and feeble, though rapidly 
increasing in strength and power. These colonies in 
order of their settlements were : Virginia, Massachusetts, 
New Hampshire, Connecticut, Maryland, Rhode Island, 
New York, New Jersey, Pennsylvania, Delaware, North 
Carolina, South Carolina, and Georgia. They were not 



THE COLONIAL GOVERNMENTS, 45 

all settled as so many distinct colonies, but various 
changes had taken place among them. Massachusetts, 
for instance, had within her borders, originally, three 
distinct colonies, — (1) the colony of the Bay, (2) Ply- 
mouth, and (3) the province of Maine. The colony upon 
the Connecticut river and the colony at New Haven had 
united under one government. On the other hand, the 
Carolinas had divided. What was, up to 1729, one 
colony, in that year was made two, assuming the names 
of North Carolina and South Carolina. Although the 
Dutch had settled in New York, the English government 
never recognized their claim to the territory. In 1664 
King Charles gave his brother, the Duke of York, all 
the territory of New Netherlands, as the settlement was 
then called, and the surrounding country. The royal 
commissioners, who had been sent to examine the charter 
governments of New England, were directed to demand 
of the Dutch the surrender of their territory. No resist- 
ance was made, and the New Netherlands thence became 
an English colony, called New York. 

Among these various English colonies a variety of 
forms of government prevailed. The colonies all 
acknowledged allegiance to the mother country, but 
they had no political connection with one another. 
Neither was there a cordial, friendly feeling between 
them. The smaller colonies were jealous of the larger 
ones, and accused them of being domineering and over- 
bearing. 

The Kinds of Colonial Government. — Prior to 
the Revolution these colonial governments were of three 
kinds, — provincial, proprietary, and charter. 

The Provincial Governments. — At the outbreak of 



46 THE COLONIAL GOVERNMENTS. 

the Revolution the provincial governments were those 
of New Hampshire, New York, Virginia, Georgia, New 
Jersey, North Carolina, and South Carolina. The colo- 
nies under proprietary governments were Pennsylvania, 
Maryland, and Delaware. The colonies which had char- 
ter governments were Massachusetts, Rhode Island, and 
Connecticut. The provincial governments were called 
royal. While retaining certain powers in the hands of 
the colony, they accorded the more important preroga- 
tives to the crown. The governor and the council were 
appointed by the king, and the legislature was composed 
of two houses, the upper house being the council, and 
the lower house being elected by the people. This legis- 
lature was subordinate to the royal governor, who had 
the right of veto upon all its proceedings, and could pro- 
rogue or dissolve it ; but otherwise the legislature might 
enact laws, which must not be contrary to the laws of 
England, and these laws, in order to be operative, must 
be approved by the governor and ratified by the crown. 

Courts were established and judges and other officers 
appointed by the royal governor, with the advice and 
consent of his royal council. In these governments 
it will readily be seen that the people were accorded 
the right primarily to make their own laws, but these 
laws must first be approved by the royal governor and 
the crown, and then their execution was entrusted to 
the governor and the officers appointed by him. Con- 
sequently, the people in reality had but little actual 
power in their hands. 

Proprietary Governments. — In the proprietary 
government the people held similar legislative rights and 
powers, while the governors were appointed by the pro- 



THE COLONIAL GOVERNMENTS. 



47 



prietors. The proprietors thus exercised those preroga- 
tives which in the royal governments were held by the 
crown. 

The Charter Governments. — In the charter gov- 
ernments the power more largely lay in the hands of the 
people. Not only were members of the legislature elected 
by the people, but the people also elected their governors. 
All other officers were either elected by the people or 
appointed by the governor, or the governor and the 
council. The charter granted to Massachusetts by 
Charles I. was very liberal, but prior to the Revolution 
the powers of the people had been seriously abridged. 
The charters of Connecticut and Rhode Island were 
granted as early as 1662 and 1663, and were so satisfac- 
tory to the people that they retained them long after 
they had become states of the American union. Con- 
necticut did not form a state constitution until 18 18, 
and Rhode Island was governed by the provisions of her 
charter of 1663 down to the year 1842 — nearly 180 
years. At the time she adopted a constitution, her 
charter was the oldest written constitution that was in 
force up to that time in the civilized world. 

It will be observed that all of the colonies exercised 
some of the powers of government, while all were de- 
pendent more or less upon the British crown. There 
were in these governments the germs of popular rights, 
the seeds from which in due time sprang the republic. 
The democratic element, which was first manifested in 
the compact agreed to in the cabin of the Mayflower, 
had expanded and continued to grow, until it finally be- 
came the dominant form of all governmental power in 
this country. 



CHAPTER IX. 

THE CONTINENTAL CONGRESS. 

The continental congress, already mentioned, and 
which is sometimes called the second continental con- 
gress, met in Philadelphia on the ioth of May, 1775. 
The delegates were chosen in some instances by the 
colonial legislatures, and in other cases by conventions of 
the people. Many of these delegates were the same men 
who had met the previous year, in the first continental con- 
gress. Their object was not to establish a new govern- 
ment, and they had no design and but little thought of 
independence. They hoped by united action, and a bold 
but temperate bearing, to exert such an influence upon 
parliament as to obtain a redress of their grievances. 
Before they had assembled, General Gage, in command 
of the British troops at Boston, had commenced open 
hostilities. Massachusetts sent a letter to congress giv- 
ing an account of the battles of Lexington and Concord, 
and requesting the advice and assistance of the con- 
gress. The journal of congress shows that in this letter 
was the following suggestion : " With the greatest def- 
erence we beg to suggest that a powerful army on the 
side of America is considered by us as the only means 
left to stem the rapid progress of a tyrannical ministry/' 
The congress at once appreciated the urgency of the 
case, and felt obliged to take measures to put the coun- 
try in a state of defence, and so practically assume con- 



THE CONTINENTAL CONGRESS. 



49 



trol over the military operations of the colonies. They 
organized the army, and appointed a commander-in- 
chief. They created a continental currency by issuing 
bills of credit. They established a treasury department 
and a post-office department, and from time to time 
adopted regulations concerning commerce ; in fact, they 
drifted, apparently without design, into the exercise of 
sovereign powers. 

The Declaration of Independence. — The mani- 
festoes which the first continental congress put forth, 
with the hope that a redress of grievances could be ob- 
tained, failed to produce the results desired. Although 
the leaders in all the colonies were generally averse to 
independence, firmly supposing that their difficulties 
with the mother country could be satisfactorily ad- 
justed, yet the drift was inevitably toward a separation. 
Early in the spring of 1776 the subject began to be 
seriously discussed by the delegates in congress. It is 
believed that North Carolina was the first to propose 
separation and independency. A convention in that 
state on the 22d of April authorized their delegates in 
congress "to concur with those in the other colonies 
in declaring independency." So far as is known, this 
was the first direct public act of any colonial assembly 
or convention in favor of the measure. 

On the 4th of May, 1776, the legislature of Rhode 
Island passed an act abjuring allegiance to the British 
crown. This act provides that in all commissions of 
officers and legal forms and processes of law, "wher- 
ever the name and authority of the said king is made 
use of, the same shall be omitted, and there shall be 
substituted the words : ' The governor and company of 



5 o THE DECLARATION OF INDEPENDENCE. 

the English colony of Rhode Island and Providence 
Plantations/ " and that "the courts of law be no longer 
entitled or considered as the king's courts. " 

May 15 the convention of Virginia instructed their 
delegates in congress to propose to that respectable 
body to declare the united colonies a free and independ- 
ent state, absolved from all allegiance or dependence 
upon the crown or the parliament of Great Britain. 

Col. Richard Henry Lee, of Virginia, on the 7th of 
June, submitted to the congress a resolution, "that 
the united colonies are and ought to be free and inde- 
pendent states, that they are absolved from all alle- 
giance to the British crown, and that all political con- 
nection between them and the state of Great Britain is 
and ought to be dissolved/' 

It has been said that no question of greater magni- 
tude was ever presented for the consideration of a delib- 
erative body, or debated with more energy, eloquence, 
and ability. A committee was appointed to draft a 
declaration of independence. This committee consisted 
of the foremost men of that day : Thomas Jefferson, 
John Adams, Benjamin Franklin, Roger Sherman, and 
Robert R. Livingston. The resolution offered by Rich- 
ard Henry Lee was adopted by congress on the 2d of 
July, and on the 4th of July the report of the committee 
was adopted. This remarkable paper received the unan- 
imous vote of the congress. It was written by Thomas 
Jefferson, and contains these burning words : " That all 
men are created equal ; that they are endowed by their 
Creator with certain inalienable rights ; that among 
these are life, liberty, and the pursuit of happiness ; 
that to secure these rights governments are instituted 



THE DECLARATION OF INDEPENDENCE. 5I 

among men, deriving their just powers from the consent 
of the governed." After reciting in full the specific 
acts of the king, which were considered " injuries and 
usurpations, all having in direct object the establishment 
of an absolute tyranny oyer these states," the declara- 
tion proceeds to say : " In every stage of these oppres- 
sions we have petitioned for redress in the most humble 
terms. Our repeated petitions have been answered only 
by repeated injury. A prince, whose character is thus 
marked by every act which may define a tyrant, is un« 
fit to be the ruler of a free people." They concluded 
this wonderful document in these words : " We, there- 
fore, the representatives of the United States of Amer- 
ica, in general congress assembled, appealing to the 
Supreme Judge of the world for the rectitude of our 
intentions, do in the name and by the authority of the 
good people of these colonies, solemnly publish and 
declare that these united colonies are, and of right ought 
to be, free and independent states." " For the support 
of this declaration, with a firm reliance on the protec- 
tion of Divine Providence, we mutually pledge to each 
other our lives, our fortune, and our sacred honor." 

This declaration by congress was the beginning of 
the nation. It was not the work of states, as such ; 
but of a congress composed of delegates from all the 
states. These delegates represented the people, and it 
was, therefore, the people themselves of these thirteen 
colonies who declared themselves independent of Great 
Britain. They were no longer colonies ; from this mo- 
ment they were states : so that it is true that the nation 
and the states began their existence at the same time. 
Whether this new nation could maintain its independ- 



52 



THE DECLARATION- OF INDEPENDENCE. 



ence, or whether it would fail, was the question now 
submitted to the arbitrament of war. They succeeded : 
their independence was acknowledged, and the national 
existence dates from this declaration. 



CHAPTER X. 

THE ARTICLES OF CONFEDERATION. 

No sooner had the congress determined upon inde- 
pendence, than it took measures to determine upon a 
form of union between the colonies, and the establish- 
ment of a definite plan for this union. On the nth of 
June, 1776, the very day when the committee was ap- 
pointed for drafting a declaration of independence, 
another committee was also appointed to draft a plan 
of government. A month later, and only eight days 
after the declaration of independence, this committee 
reported a plan for a confederacy which consisted of 
twenty articles called " articles of confederation. " This 
draft was debated and amended at various times, but 
was not finally adopted by the congress, until Nov. 
15, 1777, and then the articles did not go into effect 
until the following July. They were not submitted to 
the people of the several states, but were only ratified 
by the delegates in congress. The delegates from New 
Jersey did not ratify the articles until November, 1778 ; 
and the delegates from Delaware, not until November, 
1779; while Maryland, which was the last to ratify, 
signed the articles March 1, 1781. During all this time 
the national government consisted solely of the conti- 
nental congress, which comprised but one house, with 
no executive and no judiciary. Indeed, after the articles 
of confederation had been adopted, and had gone into 



54 THE ARTICLES OF CONFEDERATION. 

effect between the several states, the same continental 
congress continued its sessions, but now under the 
authority of the articles of confederation. These arti- 
cles, in fact, made but very little difference in the man- 
agement of affairs. 

Meantime the continental congress and the several 
states, acting with vigor and energy, had prosecuted the 
war zealously. The articles of confederation united 
the thirteen states, under the style of The United States 
of America, into a firm league of friendship with each 
other, for their defence, and to secure their liberties 
and their mutual and general welfare; binding them- 
selves to assist each other against all force offered to, 
or attacks made upon them, or any of them, on account 
of religion, sovereignty, trade, or any pretence what- 
ever. Not less than two nor more than seven dele- 
gates were to be chosen every year by each state to 
meet in congress, and, as heretofore, in deciding all 
questions, the votes were to be taken by states — each 
state having a single vote. 

Congress should not engage in war, grant letters of 
marque and reprisal, enter into treaties or alliances, 
coin money or regulate its value, determine the sums 
necessary for the use of the United States, emit bills of 
credit, borrow money or appropriate money, designate 
the size of the army and navy, without the assent of 
nine states ; nor could a question upon any other point, 
except adjournment from day to day, be determined 
unless by the votes of the majority of the states in 
congress. 

Sheppard, in his Constitutional Text-Book says: "It 
was soon found that the plan detailed in the articles of 



THE ARTICLES OF CONFEDERATION. 55 

confederation was impracticable. It gave to the con- 
gress no means of enforcing its laws upon the states, 
and the states disregarded the recommendations of con- 
gress with impunity. The congress had no power to 
lay taxes or collect a revenue for the public service, nor 
could it regulate commerce, either with foreign nations 
,or among the several states. The public debt incurred 
by the war was very great, and the articles of confed- 
eration in no way provided effectual means for its pay- 
ment. " "It became evident in a short time that dis- 
tress and ruin would overspread the country, unless 
some different and more vigorous form of government 
was adopted. This discouraging state of affairs led to 
the proceedings which finally terminated in the forma- 
tion and adoption of the present federal constitution." 

The government of this country may be said to have 
passed through four forms : — 

(1) The Colonial. 

(2) The Revolutionary. 

(3) The Confederate. 

(4) The Constitutional. 

The colonial governments ended July 4, 1776, when 
the declaration of independence was passed and the 
union was formed. 

The revolutionary government, which practically 
commenced at the meeting of the first continental con- 
gress, or, as some would say, at the meeting of the 
second continental congress, assumed full powers at 
the declaration of independence, and continued to the 
final ratification of the articles of confederation, March 
1, 1781. 

The confederate government extended from the rati- 



56 THE ARTICLES OF CONFEDERATION. 

fication of the articles of confederation to the 4th of 
March, 1789, when the constitution, having previously 
been adopted, went into effect. 

The constitutional government has been in operation 
from that time until the present, and to that we are 
now to direct our attention. 



CHAPTER XL 

ADOPTION OF THE CONSTITUTION. 

Convention at Annapolis. — An attempt, which 
originated with Virginia, was made early in the year 
1786, for the appointment of commissioners by the sev- 
eral states to consider the subject of the trade and com- 
merce of the United States, and how far a uniform sys- 
tem in their commercial regulations might be desirable 
and feasible for their common interest and permanent 
well-being. It was proposed that these commissioners 
report to the several states an act relative to this great 
object, which, when ratified by the states, would enable 
congress to better provide for the efficiency and unity 
of our commercial relations. It was agreed that com- 
missioners should meet at Annapolis, Md., in September 
of that year. The meeting was held at the time and 
place appointed. Commissioners were present from Vir- 
ginia, Delaware, Pennsylvania, New Jersey, and New 
York, — a minority of the states. Delegates had been 
appointed by New Hampshire, Massachusetts, Connecti- 
cut, and North Carolina, but they did not attend. 

So small was the number of states represented, that 
the delegates did not think proper to proceed to the 
important business which had brought them together. 
They were also satisfied that they ought to be entrusted 
with more ample powers, embracing other objects in 
addition to the mere regulation of trade and commerce. 



5 8 ADOPTION OF THE CONSTITUTION*. 

They therefore prepared an address and a report to be 
submitted to congress, and to all the states to concur 
" in the appointment of commissioners to meet at Phila- 
delphia on the second Monday in May, 1787, to take into 
consideration the situation of the United States, to de- 
vise such further provisions as should appear to them 
necessary to render the constitution of the federal govern- 
ment adequate to the exigencies of the union, and to 
report such an act for that purpose to the United States 
in congress assembled, as, when agreed to by them, and 
afterwards confirmed by the legislature of every state, 
will effectively provide for the same." 

In February, 1787, the delegates from New York, 
having brought the matter before congress, that body, 
by resolution, declared that it was expedient " that the 
convention of delegates, who shall have been appointed 
by the several states, be held at Philadelphia, for the 
sole and express purpose of revising the articles of con- 
federation, and reporting to congress and the several 
legislatures, such alterations and provisions therein, as 
shall, when agreed to in congress and confirmed by the 
several states, render the federal constitution adequate 
to the exigencies of the government and the preserva- 
tion of the union. ,, 

The Federal Convention. — It was in obedience to 
this vote of congress, that there assembled at the state- 
house in Philadelphia, on the 14th day of May, 1787, a 
body of gentlemen, who, for experience in governmental 
affairs, knowledge of the history of nations, practical 
statesmanship, and pure patriotism, has seldom been 
equalled in the world's history. A majority of the states, 
however, not being represented, the members present 



ADOPTION- OF THE CONSTITUTION. 



59 



adjourned from day to day, until Friday, May 25. The 
convention then organized, and George Washington, a 
delegate from Virginia, was unanimously elected to pre- 
side over their deliberations. All the states were repre- 
sented except Rhode Island. Many of the foremost 
men of the states were members of this convention. 
Among the most distinguished of them may be named, 
besides Washington : Benjamin Franklin, Robert Morris 
and Gouverneur Morris, of Pennsylvania ; Alexander 
Hamilton, of New York; James Madison, of Virginia; 
Charles Pinckney and Charles C. Pinckney, of North 
Carolina ; Roger Sherman, from Connecticut ; and 
Rufus King, from Massachusetts. 

It will be borne in mind, from what has already been 
said, that the object of calling the convention was merely 
to revise the articles of confederation. It soon became 
apparent, however, to the convention that, in the judg- 
ment of the majority of the members present, the old 
form of government was so weak and defective, that the 
only wise and proper thing to be done was to form an 
entirely new constitution. 

For full four months, from May to September, con- 
tinuing their work vigorously through all the summer 
months, this convention proceeded, until, on the 17th 
of September, the constitution of the United States, 
which, with its several amendments, since adopted, is 
now the supreme law of this country, was adopted and 
signed by the members of the convention. This con- 
vention is known as the federal convention. Its debates, 
so far as they have been preserved in the journal of the 
convention, and in the Madison papers and otherwise, 
are of a most interesting character, and well worth the 



60 ADOPTION OF THE CONSTITUTION-. 

study of any statesman of any country, and of all times. 
There were great difficulties in the way of forming a 
new constitution. These difficulties arose from the 
jealousies existing among the states, the difference in 
their extent, their wealth, population, habits, religion, 
education, and political views. Nothing but a wise and 
patriotic spirit of mutual concession and moderation 
could have overcome such obstacles. In many respects 
the constitution was a matter of compromise ; the sev- 
eral states and the several sections of the country each 
yielding something for the public good. 

The convention directed that the new constitution 
should be laid before congress, and that if ratified by 
that body, it should be recommended to a convention 
of delegates chosen in each state by the people thereof, 
who should vote whether they would recommend its 
adoption or not ; and as soon as nine states had ratified 
it, congress should take measures for the election of a 
president, and should fix the time and place for com- 
mencing the proceedings under the new constitution. 

The Constitution Approved. — On the 28th of 
September, 1787, congress approved of the constitu- 
tion, and voted to transmit it to the legislatures of the 
several states, in order that it might be submitted to a 
convention of delegates chosen in each state by the 
people thereof. These conventions were held in the 
several states, and the new system was discussed with 
great ability and great zeal, amid many conflicting opin- 
ions. The opposition to it in several of the states was 
very vigorous and bitter. It was, however, finally 
adopted by the requisite number of states, and on the 
17th of September, 1788, congress having been notified 



ADOPTION OF THE CONSTITUTION. 6t 

of its ratification by the conventions of all the states 
except North Carolina and Rhode Island, " resolved 
that the first Wednesday in January, 1789, should be 
the day for appointing electors in the several states 
which had ratified the constitution ; that the first Wed- 
nesday of the February following should be the day for 
the electors to assemble and vote for a president ; and 
that the first Wednesday in March following should be 
the time for commencing operations under the constitu- 
tion at New York, which was then the seat of govern- 
ment." 

Washington, President. — The first Wednesday of 
March, 1789, was the fourth day of the month, and that 
date, therefore, became fixed as the day of the inaug- 
uration of the president. George Washington was 
unanimously elected president, and John Adams was 
elected vice-president. Senators and representatives 
were elected by the eleven states which had ratified the 
constitution, and these having assembled, on Wednes- 
day, the 4th day of March, 1789, the new constitution of 
the United States went into legal operation, and pro- 
ceedings were commenced under it. 

A quorum of members did not, however, appear until 
the first day of April, and upon that day congress began 
the transaction of business. The electoral votes were 
not counted, however, until the 6th of April. On 
Thursday, April 30, George Washington took the 
oath required by the constitution, and delivered his 
inaugural address. On the next day John Adams took' 
his seat as president of the senate. 

North Carolina ratified the constitution in November, 
1789, and Rhode Island, in May, 1790. 



62 ADOPTION OF THE CONSTITUTION 

Dates of Ratification. — The following are the 
dates of ratification of the constitution by each of the 
original thirteen states : — 
(i) Delaware, Dec. 7, 1787. 

(2) Pennsylvania, Dec. 12, 1787. 

(3) New Jersey, Dec. 18, 1787. 

(4) Georgia, Jan. 2, 1788. 

(5) Connecticut, Jan. 9, 1788. 

(6) Massachusetts, Feb. 6, 1788. 

(7) Maryland, April 28, 1788. 

(8) South Carolina, May 23, 1788. 

(9) New Hampshire, June 21, 1788. 

(10) Virginia, June 26, 1788. 

(11) New York, July 26, 1788. 

(12) North Carolina, Nov. 21, 1789. 

(13) Rhode Island, May 29, 1790, 



Part II. 

THE GOVERNMENT UNDER THE CONSTITUTION. 



■+<+- 



THE CONSTITUTION OF THE UNITED 
STATES OF AMERICA. 

We the People of the United States, in order to form a more 
perfect Union, establish Justice, insure domestic Tranquillity, 
provide for the common defence, promote the general Wel- 
fare, and secure the Blessings of Liberty to ourselves and our 
Posterity, do ordain and establish this Constitution for the 
United States of America. 

ARTICLE. I. 

Section, i. All legislative Powers herein granted shall be 
vested in a Congress of the United States, which shall consist 
of a Senate and House of Representatives. 

Section. 2. [1] The House of Representatives shall be com- 
posed of Members chosen every second year by the People of 
the several States, and the Electors in each State shall have 
the Qualifications requisite for Electors of the most numerous 
Branch of the State Legislature. 

C23 No person shall be a Representative who shall not have 
attained to the Age of twenty five years, and been seven Years 

[Note. — The small figures in brackets are not in the original, but 
have been added subsequently, to mark the different clauses in a section. 
In reprinting the constitution here, the spelling, punctuation, and capitali- 
zation of the original have been preserved.] 



64 CONSTITUTION OF THE UNITED STATES. 

a Citizen of the United States, and who shall not, when 
elected, be an Inhabitant of that State in which he shall be 
chosen. 

C3] Representatives and direct Taxes shall be apportioned 
among the several States which may be included within this 
Union, according to their respective Numbers, which shall be 
determined by adding to the whole Number of free Persons, 
including those bound to Service for a Term of Years, and 
excluding Indians not taxed, three fifths of all other Persons. 
The actual Enumeration shall be made within three Years after 
the first Meeting of the Congress of the United States, and 
within every subsequent Term of ten Years, in such Manner as 
they shall by Law direct. The Number of Representatives 
shall not exceed one for every thirty Thousand, but each State 
shall have at Least one Representative ; and until such enum- 
eration shall be made, the State of New Hampshire shall be 
entitled to chuse three, Massachusetts eight, Rhode- Island and 
Providence Plantations one, Connecticut five, New- York six, 
New Jersey four, Pennsylvania eight, Delaware one, Maryland 
six, Virginia ten, North Carolina five, South Carolina five, and 
Georgia three. 

C4] When vacancies happen in the Representation from any 
State, the Executive Authority thereof shall issue Writs of Elec- 
tion to fill such Vacancies. 

C53 The House of Representatives shall chuse their Speaker 
and other officers ; and shall have the sole Power of Impeach- 
ment. 

Section. 3. cl] The Senate of the United States shall be 
composed of two Senators from each State, chosen by the 
Legislature thereof, for six Years ; and each Senator shall have 
one Vote. 

[2] Immediately after they shall be assembled in Consequence 
of the first Election, they shall be divided as equally as may be 
into three Classes. The Seats of the Senators of the first Class 



CONSTITUTION OF THE UNITED STATES. 65 

shall be vacated at the Expiration of the second Year, of the 
second Class at the Expiration of the fourth Year, and of the 
third class at the Expiration of the sixth Year, so that one-third 
may be chosen every second Year ; and if Vacancies happen 
by Resignation, or otherwise, during the Recess of the Legis- 
lature of any State, the Executive thereof may make temporary 
Appointments until the next Meeting of the Legislature, which 
shall then fill such Vacancies. 

[3;1 No person shall be a Senator who shall not have attained 
to the Age of thirty Years, and been nine Years a Citizen o* 
the United States, and who shall not, when elected, be an In* 
habitant of that State for which he shall be chosen. 

[4] The Vice President of the United States shall be President 
of the Senate, but shall have no Vote, unless they be equally 
divided. 

C5] The Senate shall chuse their other Officers, and also a 
President pro tempore, in the Absence of the Vice President, 
or when he shall exercise the Office of President of the United 
States. 

C63 The Senate shall have the sole Power to try all Impeach- 
ments. When sitting for that Purpose, they shall be on Oath 
or Affirmation. When the President of the United States is 
tried, the Chief Justice shall preside : And no Person shall be 
convicted without the Concurrence of two thirds of the Mem- 
bers present. 

u ^ Judgment in Cases of Impeachment shall not extend fur- 
ther than to removal from Office, and Disqualification to hold 
and enjoy any Office of honour, Trust or Profit under the 
United States : but the Party convicted shall nevertheless be 
liable and subject to Indictment, Trial, Judgment and Punish- 
ment, according to Law. 

Section. 4. [1] The Times, Places and Manner of holding 
Elections for Senators and Representatives, shall be prescribed 
in each State by the Legislature thereof; but the Congress may 



66 CONSTITUTION OF THE UNITED STATES. 

at any time by Law make or alter such Regulations, except as 
to the places of chusing Senators. 

C2] The Congress shall assemble at least once in every Year, 
and such Meeting shall be on the first Monday in December, 
unless they shall by Law appoint a different Day. 

Section. 5. cl] Each House shall be the Judge of the Elec- 
tions, Returns and Qualifications of its own Members, and a 
Majority of each shall constitute a Quorum to do Business ; but 
a smaller Number may adjourn from day to day, and may be 
authorized to compel the Attendance of absent Members, in 
such Manner, and under such Penalties as each House may 
provide. 

[2] Each House may determine the Rules of its Proceed- 
ings, punish its Members for disorderly Behaviour, and, with 
the Concurrence of two thirds, expel a Member. 

C3] Each House shall keep a Journal of its Proceedings, and 
from time to time publish the same, excepting such Parts as 
may in their Judgment require Secrecy; and the Yeas and 
Nays of the Members of either House on any question shall, 
at the Desire of one fifth of those Present, be entered on the 
Journal. 

C4] Neither House, during the Session of Congress, shall, 
without the Consent of the other, adjourn for more than three 
days, nor to any other Place than that in which the two Houses 
shall be sitting. 

Section. 6. [1] The Senators and Representatives shall receive 
a Compensation for their Services, to be ascertained by Law, 
and paid out of the Treasury of the United States. They 
shall in all Cases, except Treason, Felony and Breach of the 
Peace, be privileged from Arrest during their Attendance at 
the Session of their respective Houses, and in going to and 
returning from the same ; and for any speech or debate in 
either House, they shall not be questioned in any other 
Place. 



CONSTITUTION OF THE UNITED STATES. 6? 

C2] No Senator or Representative shall, during the Time for 
which he was elected, be appointed to any civil Office under 
the Authority of the United States, which shall have been 
created, or the Emoluments whereof shall have been encreased 
during such time ; and no Person holding any Office under the 
United States, shall be a Member of either House during his 
Continuance in Office. 

Section. 7. C1] All Bills for raising Revenue shall originate in 
the House of Representatives ; but the Senate may propose or 
concur with Amendments as on other Bills. 

C2] Every Bill which shall have passed the House of Repre- 
sentatives and the Senate, shall, before it become a Law, be 
presented to the President of the United States ; If he approve 
he shall sign it, but if not he shall return it, with his Objections 
to that House in which it shall have originated, who shall enter 
the Objections at large on their Journal, and proceed to recon- 
sider it. If after such Reconsideration two thirds of that 
House shall agree to pass the Bill, it shall be sent, together 
with the Objections, to the other House, by which it shall like- 
wise be reconsidered, and if approved by two thirds of that 
House, it shall become a Law. But in all such cases the Votes 
of both Houses shall be determined by yeas and Nays, and the 
Names of the Persons voting for and against the Bill shall be 
entered on the Journal of each House respectively. If any 
Bill shall not be returned by the President within ten Days 
(Sundays excepted) after it shall have been presented to him, 
the same shall be a law, in like Manner as if he had signed it, 
unless the Congress by their Adjournment prevent its Return, 
in which Case it shall not be a Law. 

C3;i Every Order, Resolution, or Vote to which the Concur- 
rence of the Senate; and House of Representatives may be 
necessary (except on a question of Adjournment) shall be 
presented to the President of the United States ; and before 
the Same shall take Effect, shall be approved by him, or being 



68 CONSTITUTION OF THE UNITED STATES. 

disapproved by him, shall be repassed by two thirds of the 
Senate and House of Representatives, according to the Rules 
and Limitations prescribed in the Case of a Bill. 

Section. 8. The Congress shall have Power 

C1] To lay and collect Taxes, Duties, Imposts and Excises, to 
pay the Debts and provide for the common Defence and gen- 
eral Welfare of the United States ; but all Duties, Imposts and 
Excises shall be uniform throughout the United States ; 

[2] To borrow Money on the credit of the United States ; 

C3] To regulate Commerce with foreign Nations, and among 
the several States, and with the Indian Tribes ; 

C4] To establish an uniform Rule of Naturalization, and uni- 
form Laws on the subject of Bankruptcies throughout the 
United States; 

[5] To coin Money, regulate the Value thereof, and of foreign 
Coin, and fix the Standard of Weights and Measures ; 

C6] To provide for the Punishment of counterfeiting the 
Securities and current Coin of the United States ; 

C73 To establish Post Offices and post Roads ; 

C8] To promote the progress of Science and useful Arts, by 
securing for limited Times to Authors and Inventors the exclu- 
sive Right to their respective Writings and Discoveries ; 

C9] To constitute Tribunals inferior to the supreme Court ; 

C10] To define and punish Piracies and Felonies committed on 
the high Seas, and Offences against the Law of Nations ; 

cll] To declare War, grant letters of Marque and Reprisal, 
and make Rules concerning Captures on Land and Water ; 

[12] To raise and support Armies, but no Appropriation of 
Money to that Use shall be for a longer Term than two Years ; 

[13] To provide and maintain a Navy ; 

[14] To make Rules for the Government and Regulation of 
the land and naval Forces ; 

[15] To provide for calling forth the Militia to execute the Laws 
of the Union, suppress Insurrections and repel Invasions ; 



CONSTITUTION OF THE UNITED STATES. 69 

C16] To provide for organizing, arming, and disciplining, the 
Militia, and for governing such Part of them as may be em- 
ployed in the Service of the United States, reserving to the 
States respectively, the Appointment of the Officers, and the 
Authority of training the Militia according to the Discipline 
prescribed by Congress ; 

C17] To exercise exclusive Legislation in all Cases whatsoever, 
over such District (not exceeding ten Miles square) as may, 
by Cession of particular States, and the Acceptance of Con- 
gress, become the Seat of the Government of the United 
States, and to exercise like Authority over all Places purchased 
by the Consent of the Legislature of the State in which the 
Same shall be, for the Erection of Forts,. Magazines, Arsenals, 
Dock- Yards, and other needful Buildings ; — And 

C18] To make all Laws which shall be necessary and proper 
for carrying into Execution the foregoing Powers, and all other 
Powers vested by this Constitution in the Government of the 
United States, or in any Department or Officer thereof. 

Section. 9. cl] The Migration or Importation of such Persons 
as any of the States now existing shall think proper to admit, 
shall not be prohibited by the Congress prior to the Year one 
thousand eight hundred and eight, but a Tax or Duty may be 
imposed on such Importation, not exceeding ten dollars for 
each Person. 

C2] The Privilege of the Writ of Habeas Corpus shall not be 
suspended, unless when in Cases of Rebellion or Invasion the 
public Safety may require it. 

C3] No Bill of Attainder or ex post facto Law shall be passed. 

[4] No Capitation, or other direct, Tax shall be laid, unless 
in Proportion to the Census or Enumeration herein before 
directed to be taken, 

C5] No Tax or Duty shall be laid on x\rticles exported from 
any State. 

[6] No Preference shall be given by any Regulation of Com- 



70 CONSTITUTION OF THE UNITED STATES. 

merce or Revenue to the Ports of one State over those of 
another : nor shall Vessels bound to, or from, one State, be 
obliged to enter, clear, or pay Duties in another. 

[7] No Money shall be drawn from the Treasury, but in Con- 
sequence of Appropriations made by Law ; and a regular State- 
ment and Account of the Receipts and Expenditures of all 
public Money shall be published from time to time. 

[8J No Title of Nobility shall be granted by the United States : 
And no Person holding any Office of Profit or Trust under 
them, shall, without the Consent of the Congress, accept of 
any present, Emolument, Office, or Title, of any kind what- 
ever, from any King, Prince, or foreign State. 

Section, io. C1] No State shall enter into any Treaty, Alliance, 
or Confederation ; grant Letters of Marque and Reprisal ; coin 
Money ; emit Bills of Credit ; make any Thing but gold and 
silver Coin a Tender in Payment of Debts ; pass any Bill of 
Attainder, ex post facto Law, or Law impairing the Obligation 
of Contracts, or grant any Title of Nobility. 

C2] No State shall, without the consent of the Congress, lay 
any Imposts or Duties on Imports or Exports, except what 
may be absolutely necessary for executing it's inspection Laws : 
and the net Produce of all Duties and Imposts, laid by any 
State on Imports or Exports, shall be for the Use of the 
Treasury of the United States ; and all such Laws shall be sub- 
ject to the Revision and Controul of the Congress. 

C3] No State shall, without the Consent of Congress, lay any 

Duty of Tonnage, keep Troops, or Ships of War in time of 

Peace, enter into any Agreement or Compact with another 

State, or with a foreign Power, or engage in War, unless actually 

invaded, or in such imminent Danger as will not admit of 

Delay. 

ARTICLE. II. 

Section, i. cl] The executive Power shall be vested in a 
President of the United States of America. He shall hold his 



CONSTITUTION OF THE UNITED STATES. 71 

Office during the Term of four Years, and, together with the 
Vice President, chosen for the same Term, be elected, as fol- 
lows 

C2] Each State shall appoint, in such Manner as the Legisla- 
ture thereof may direct, a Number of Electors, equal to the 
whole Number of Senators and Representatives to which the 
State may be entitled in the Congress : but no Senator or Rep- 
resentative, or Person holding an Office of Trust or Profit under 
the United States, shall be appointed an Elector. 

* [3] The Electors shall meet in their respective States, and 
vote by Ballot for two Persons, of whom one at least shall not 
be an Inhabitant of the same State with themselves. And 
they shall make a List of all the Persons voted for, and of the 
Number of Votes for each ; which List they shall sign and cer- 
tify, and transmit sealed to the Seat of the Government of the 
United States, directed to the President of the Senate. The 
President of the Senate shall, in the Presence of the Senate and 
House of Representatives, open all the Certificates, and the 
Votes shall then be counted. The Person having the greatest 
Number of Votes shall be the President, if such Number be a 
Majority of the whole Number of Electors appointed ; and if 
there be more than one who have such Majority and have an 
equal number of Votes, then the House of Representatives shall 
immediately chuse by Ballot one of them for President ; and if 
no Person have a Majority, then from the five highest on the 
List the said House shall in like manner chuse the President. 
But in chusing the President, the Votes shall be taken by 
States, the Representation from each State having one Vote ; a 
Quorum for this Purpose shall consist of a Member or Mem- 
bers from two thirds of the States, and a Majority of all the 
States shall be necessary to a choice. In every Case, after the 
Choice of the President, the Person having the greatest Number 

* This clause has been superseded by the 12th amendment, on page 80. 



72 CONSTITUTION OF THE UNITED STATES. 

of Votes of the Electors shall be the Vice President. But if 
there should remain two or more who have equal Votes, the 
Senate shall chuse from them by Ballot the Vice President. 

C4] The Congress may determine the Time of chusing the 
Electors, and the Day on which they shall give their Votes ; 
which Day shall be the same throughout the United States. 

[5] n person except a natural born Citizen, or a Citizen of 
the United States, at the time of the Adoption of this Constitu- 
tion, shall be eligible to the Office of President ; neither shall 
any Person be eligible to that Office who shall not have attained 
to the Age of thirty five Years, and been fourteen Years a Resi- 
dent within the United States. 

[6] In Case of the Removal of the President from Office, or 
of his Death, Resignation, or Inability to discharge the Powers 
and Duties of the said office, the same shall devolve on the 
Vice President, and the Congress may by Law provide for the 
Case of Removal, Death, Resignation, or Inability, both of the 
President and Vice President, declaring what Officer shall then 
act as President, and such Officer shall act accordingly, until 
the Disability be removed, or a President shall be elected. 

C7] The President shall, at stated Times, receive for his ser- 
vices, a Compensation, which shall neither be encreased nor 
diminished during the Period for which he shall have been 
elected, and he shall not receive within that Period any other 
Emolument from the United States, or any of them. 

C8] Before he enter on the Execution of his Office, he shall 
take the following Oath or Affirmation : — 

" I do solemnly swear (or affirm) that I will faithfully exe- 
" cute the Office of President of the United States, and will to 
" the best of my Ability, preserve, protect and defend the Con- 
stitution of the United States." 

Section. 2. [1] The President shall be Commander in Chief 
of the Army and Navy of the United States, and of the Militia 
of the several States, when called into the actual Service of the 



CONSTITUTION OF THE UNITED STATES. 73 

United States ; he may require the Opinion, in writing, of the 
principal Officer in each of the executive Departments, upon 
any Subject relating to the Duties of their respective Offices, 
and he shall have Power to grant Reprieves and Pardons for 
Offences against the United States, except in Cases of Impeach- 
ment. 

C2] He shall have Power, by and with the Advice and Con- 
sent of the Senate, to make Treaties, provided two thirds of the 
Senators present concur ; and he shall nominate, and by and 
with the Advice and Consent of the Senate, shall appoint Am- 
bassadors, other public Ministers and Consuls, Judges of the 
supreme Court, and all other Officers of the United States, 
whose Appointments are not herein otherwise provided for, and 
which shall be established by Law : but the Congress may by 
Law vest the Appointment of such inferior Officers, as they 
think proper, in the President alone, in the Courts of Law, or 
in the Heads of Departments. 

C3] The President shall have Power to fill up all Vacancies that 
may happen during the Recess of the Senate, by granting Com- 
missions which shall expire at the End of their next Session. 

Section. 3. He shall from time to time give to the Congress 
Information of the State of the Union, and recommend to their 
Consideration such Measures as he shall judge necessary and 
expedient ; he may, on extraordinary Occasions, convene both 
Houses, or either of them, and in Case of Disagreement be- 
tween them, with Respect to the time of Adjournment, he may 
adjourn them to such Time as he shall think proper ; he shall 
receive Ambassadors and other public Ministers ; he shall take 
Care that the Laws be faithfully executed, and shall Commis- 
sion all the officers of the United States. 

Section. 4. The President, Vice President and all civil Offi- 
cers of the United States, shall be removed from Office on Im- 
peachment for, and Conviction of, Treason, Bribery, or othei 
high Crimes and Misdemeanors. 



74 CONSTITUTION OF THE UNITED STATES. 

ARTICLE. III. 

Section, i. The Judicial Power of the United States, shall 
be vested in one supreme Court, and in such inferior Courts as 
the Congress may from time to time ordain and establish. The 
Judges, both of the supreme and inferior Courts, shall hold 
their Offices during good Behavior, and shall, at stated Times, 
receive for their Services, a Compensation which shall not be 
diminished during their Continuance in Office. 

Section. 2. [l:) The Judicial Power shall extend to all Cases, 
in Law and Equity, arising under this Constitution, the Laws 
of the United States, and Treaties made, or which shall be 
made, under their Authority; — to all Cases affecting Ambassa- 
dors, other public Ministers and Consuls ; — to all Cases of ad- 
miralty and maritime Jurisdiction ; — to Controversies to which 
the United States shall be a Party ; — to Controversies between 
two or more States ; — between a State and Citizens of another 
State ; — between Citizens of different States, — between Citi- 
zens of the same State claiming Lands under Grants of different 
States, and between a State, or the Citizens thereof, and foreign 
States, Citizens or Subjects. 

123 In all Cases affecting Ambassadors, other public Ministers 
and Consuls, and those in which a State shall be Party, the 
surpreme Court shall have original Jurisdiction. In all the 
other Cases before mentioned, the supreme Court shall have 
appellate Jurisdiction, both as to Law and Fact, with such Ex- 
ceptions, and under such Regulations as the Congress shar 
make. 

[3] The Trial of all Crimes, except in Cases of Impeachment, 
shall be by Jury ; and such Trial shall be held in the State 
where the said Crimes shall have been committed ; but when 
not committed within any State, the Trial shall be at such Place 
or Places as the Congress may by Law have directed. 

Section. 3. [1] Treason against the United States, shall con- 



CONSTITUTION OF THE UNITED STATES. 75 

sist only in levying War against them, or in adhering to their 

Enemies, giving them Aid and Comfort. No Person shall 

be convicted of Treason unless on the Testimony of two 

Witnesses to the same overt Act, or on Confession in open 

Court. 

C2] The Congress shall have Power to declare the Punishment 

of Treason, but no Attainder of Treason shall work Corruption 

of Blood, or Forfeiture except during the Life of the Person 

attainted. 

ARTICLE. IV. 

Section, i. Full Faith and Credit shall be given in each 
State to the public Acts, Records, and judicial Proceedings of 
every other State. And the Congress may by general Laws 
prescribe the Manner in which such Acts, Records, and Pro- 
ceedings shall be proved, and the Effect thereof. 

Section. 2. cl] The Citizens of each State shall be entitled to 
all Privileges and Immunities of Citizens in the several States. 

C2] A Person charged in any State with Treason, Felony, or 
other Crime, who shall flee from Justice, and be found in another 
State, shall on Demand of the executive Authority of the State 
from which he fled, be delivered up, to be removed to the State 
having Jurisdiction of the Crime. 

[3] N Person held to Service or Labour in one State, under 
the Laws thereof, escaping into another, shall, in Consequence 
of any Law or Regulation therein, be discharged from such Ser- 
vice or Labour, but shall be delivered up on Claim of the Party 
to whom such Service or Labour may be due. 

Section. 3. [1] New States may be admitted by the Congress 
into this Union ; but no new State shall be formed or erected 
within the Jurisdiction of any other State ; nor any State be 
formed by the Junction of two or more States, or Parts of States, 
without the Consent of the Legislatures of the States concerned 
as well as of the Congress. 

^ The Congress shall have Power to dispose of and make all 



7 6 CONSTITUTION OF THE UNITED STATES. 

needful Rules and Regulations respecting the Territory or other 
Property belonging to the United States ; and nothing in this 
Constitution shall be so construed as to Prejudice any Claims 
of the United States, or of any particular State. 

Section. 4. The United States shall guarantee to every State 
in this Union a Republican Form of Government, and shall pro- 
tect each of them against Invasion, and on Application of the 
Legislature, or of the Executive (when the Legislature cannot 
be convened) against domestic Violence. 

ARTICLE. V. 

The Congress, whenever two thirds of both Houses shall deem 
it necessary, shall propose Amendments to this Constitution, or, 
on the Application of the Legislatures of two thirds of the sev- 
eral States, shall call a Convention for proposing Amendments, 
which, in either Case, shall be valid to all Intents and Purposes, 
as Part of this Constitution, when ratified by the Legislatures of 
three fourths of the several States, or by Conventions in three 
fourths thereof, as the one or the other Mode of Ratification 
may be proposed by the Congress ; Provided that no Amend- 
ment which may be made prior to the Year one thousand eight 
hundred and eight shall in any Manner affect the first and fourth 
Clauses in the Ninth Section of the first Article ; and that no 
State, without its Consent, shall be deprived of its equal Suffrage 

in the Senate. 

ARTICLE. VI. 

[1] All Debts contracted and Engagements entered into, before 
the Adoption of this Constitution, shall be as valid against the 
United States under this Constitution, as under the Confeder- 
ation. 

C2] This Constitution, and the Laws of the United States which 
shall be made in Pursuance thereof; and all Treaties made, or 
which shall be made, under the authority of the United States, 
shall be the supreme Law of the Land ; and the Judges in every 



CONSTITUTION OF THE UNITED STATES. 



77 



State shall be bound thereby, any Thing in the Constitution or 
Laws of any State to the Contrary notwithstanding. 

C3] The Senators and Representatives before mentioned, and 
the Members of the several State Legislatures, and all executive 
and judicial Officers, both of the United States and of the sev- 
eral States, shall be bound by Oath or Affirmation, to support 
this Constitution ; but no religious Test shall ever be required 
as a Qualification to any Office or public Trust under the United 
States. 

ARTICLE. VII. 

The Ratification of the Conventions of nine States, shall be 
sufficient for the Establishment of this Constitution between the 
States so ratifying the Same. 

Done in Convention by the Unanimous Consent of the States 
present the Seventeenth Day of September in the Year of 
our Lord one thousand seven hundred and Eighty seven 
and of the Independence of the United States of America 
the Twelfth. In Witness whereof We have hereunto 
subscribed our Names, 

G° WASHINGTON — 

Presidt and deputy from Virginia 

NEW HAMPSHIRE. 
John Langdon Nicholas Gilman 

MASSACHUSETTS. 
Nathaniel Gorham Rufus King 

CONNECTICUT. 
Wm Saml Johnson Roger Sherman 

NEW YORK. 
Alexander Hamilton 

NEW JERSEY. 
Wil Livingston David Brearley 

Wm Paterson Jona Dayton 



78 



AMENDMENTS TO THE CONSTITUTION. 



B Franklin 
Robt Morris 
Tho Fitzsimons 
James Wilson 

Geo Read 
John Dickinson 
Jaco Broom 

James M' Henry 
Danl Carroll 

John Blair 

Wm Blount 
Hu Williamson 

J Rutledge 
Charles Pinckney 



William Few 



PENNSYLVANIA. 

Thomas Mifflin 
Geo Clymer 
Jared Ingersoll 
Gouv Morris 

DELAWARE. 

Gunning Bedford, Jun'r 
Richard Bassett 

MARYLAND. 

Dan of St Thos Jenifer 

VIRGINIA. 

James Madison, Jr 

NORTH CAROLINA. 

Rich'd Dobbs Spaight 

SOUTH CAROLINA. 

Charles Cotesworth Pinckney 
Pierce Butler 

GEORGIA. 

Abr Baldwin 



Attest 



WILLIAM JACKSON, Secretary. 



Articles in Addition to, and Amendment of, the 
Constitution of the United States of America, 

Proposed by Congress, and ratified by the Legislatures of the 
several States, pursuant to the fifth article of the original 
Constitution. 

(ARTICLE I.) 

Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof; or abridging 



AMENDMENTS TO THE CONSTITUTION 



79 



the freedom of speech, or of the press ; or the right of the peo- 
ple peaceably to assemble, and to petition the Government for a 
redress of grievances. 

(ARTICLE II.) 

A well regulated Militia, being necessary to the security of a 

free State, the right of the people to keep and bear Arms, shall 

not be infringed. 

(ARTICLE III.) 

No Soldier shall, in time of peace be quartered in any house, 
without the consent of the Owner, nor in time of war, but in a 
manner to be prescribed by law. 

(ARTICLE IV.) 

The right of the people to be secure in their persons, houses, 
papers, and effects, against unreasonable searches and seizures, 
shall not be violated, and no Warrants shall issue, but upon prob- 
able cause, supported by Oath or affirmation, and particularly 
describing the place to be searched, and the persons or things 

to be seized. 

(ARTICLE V.) 

No person shall be held to answer for a capital, or otherwise 
infamous crime, unless on a presentment or indictment of a 
Grand Jury, except in cases arising in the land or naval forces, 
or in the Militia, when in actual service in time of War or pub- 
lic danger ; nor shall any person be subject for the same oifence 
to be twice put in jeopardy of life or limb ; nor shall be com- 
pelled in any Criminal Case to be a witness against himself, nor 
be deprived of life, liberty, or property, without due process of 
law ; nor shall private property be taken for public use, without 

just compensation. 

(ARTICLE VI.) 

In all criminal prosecutions, the accused shall enjoy the right 
to a speedy and public trial, by an impartial jury of the State 
and district wherein the crime shall have been committed, which 



80 AMENDMENTS TO THE CONSTITUTION. 

district shall have been previously ascertained by law, and to be 
informed of the nature and cause of the accusation ; to be con- 
fronted with the witnesses against him ; to have Compulsory 
process for obtaining Witnesses in his favour, and to have the 
Assistance of Counsel for his defence. 

(ARTICLE VII.) 

In Suits at common law, where the value in controversy shall 
exceed twenty dollars, the right of trial by jury shall be pre- 
served, and no fact tried by a jury shall be otherwise re-examined 
in any Court of the United States, than according to the rules of 

the common law. 

(ARTICLE VIII.) 

Excessive bail shall not be required, nor excessive fines im- 
posed, nor cruel and unusual punishments inflicted. 

(ARTICLE IX.) 

The enumeration in the Constitution, of certain rights, shall 

not be construed to deny or disparage others retained by the 

people. 

(ARTICLE X.) 

The powers not delegated to the United States by the Con- 
stitution, nor prohibited by it to the States, are reserved to the 
States respectively, or to the people. 

(ARTICLE XI.) 

The Judicial power of the United States shall not be con- 
strued to extend to any suit in law or equity, commenced or 
prosecuted against one of the United States by Citizens of an- 
other State, or by Citizens or Subjects of any Foreign State. 

(ARTICLE XII.) 

The Electors shall meet in their respective states, and vote 
by ballot for President and Vice-President, one of whom, at 



AMENDMENTS TO THE CONSTITUTION 8 1 

least, shall not be an inhabitant of the same state with them- 
selves ; they shall name in their ballots the person voted for as 
President, and in distinct ballots the person voted for as Vice- 
President, and they shall make distinct lists of all persons voted 
for as President, and of all persons voted for as Vice-President, 
and of the number of votes for each, which lists they shall sign 
and certify, and transmit sealed to the seat of the government of 
the United States, directed to the President of th'e Senate ; — 
The President of the Senate shall, in presence of the Senate 
and House of Representatives, open all the certificates and the 
votes shall then be counted ; — The person having the greatest 
number of votes for President, shall be the President, if such 
number be a majority of the whole number of Electors ap- 
pointed ; and if no person have such majority, then from the 
persons having the highest numbers not exceeding three on the 
list of those voted for as President, the House of Representa- 
tives shall choose immediately, by ballot, the President. But 
in choosing the President, the votes shall be taken by states, 
the representation from each state having one vote ; a quorum 
for this purpose shall consist of a member or members from 
two- thirds of the states, and a majority of all the states shall be 
necessary to a choice. And if the House of Representatives 
shall not choose a President whenever the right of choice shall 
devolve upon them, before the fourth day of March next follow- 
ing, then the Vice-President shall act as President, as in the case 
of the death or other constitutional disability of the President. 
— The person having the greatest number of votes as Vice-Pres- 
ident, shall be the Vice-President, if such number be a majority 
of the whole number of Electors appointed, and if no person 
have a majority, then from the two highest numbers on the list, 
the Senate shall choose the Vice-President ; a quorum for the 
purpose shall consist of two-thirds of the whole number of 
Senators, and a majority of the whole number shall be neces- 
sary to a choice. But no person constitutionally ineligible to 



82 AMENDMENTS TO THE CONSTITUTION 

the office of President shall be eligible to that of Vice-President 
of the United States. 

(ARTICLE XIII.) 

Section i. Neither slavery nor involuntary servitude, except 
as a punishment for crime whereof the party shall have been 
duly convicted, shall exist within the United States, or any place 
subject to their jurisdiction. 

Sect. 2. Congress shall have power to enforce this article by 
appropriate legislation. 

(ARTICLE XIV.) 

Section i. All persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are citizens of 
the United States, and of the State wherein they reside. No 
State shall make or enforce any law which shall abridge the 
privileges or immunities of citizens of the United States ; nor 
shall any State deprive any person of life, liberty, or property 
without due process of law, nor deny to any person within its 
jurisdiction the equal protection of the laws. 

Sect. 2. Representatives shall be apportioned among the 
several States, according to their respective numbers, counting 
the whole number of persons in each State, excluding Indians 
not taxed. But when the right to vote at any election for the 
choice of electors for president and vice-president of the United 
States, representatives in Congress, the executive and judicial 
officers of a State, or the members of the legislature thereof, is 
denied to any of the male inhabitants of such State, being 
twenty-one years of age, and citizens of the United States, or in 
any way abridged, except for participation in rebellion or other 
crimes, the basis of representation shall be reduced in the pro- 
portion which the number of such male citizens shall bear to 
the whole number of male citizens, twenty-one years of age, in 
such State. 

Sect. 3. No person shall be a senator or representative in 



AMENDMENTS TO THE CONSTITUTION. S3 

Congress, or elector of president or vice-president, or hold any 
office, civil or military, under the United States or under any 
State, who having previously taken an oath as a member of 
Congress, or as an officer of the United States, or as a member 
of any State legislature, or as an executive or judicial officer of 
any State, to support the Constitution of the United States, shall 
have engaged in insurrection or rebellion against the same, or 
given aid or comfort to the enemies thereof. But Congress 
may by a vote of two-thirds of each house remove such disa- 
bility. 

Sect. 4. The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment of pen- 
sions and bounties for services in suppressing insurrection or 
rebellion, shall not be questioned. But neither the United 
States, nor any State, shall assume or pay any debt or obliga- 
tion incurred in aid of insurrection or rebellion against the 
United States, or any claim for the loss or emancipation of any 
slave ; but all such debts, obligations, and claims shall be held 
illegal and void. 

Sect. 5 . The Congress shall have power to enforce by appro- 
priate legislation the provisions of this article. 

(ARTICLE XV.) 

Section i. The right of citizens of the United States to vote 
shall not be denied or abridged by the United States, or by any 
State, on account of race, color, or previous condition of servi- 
tude. 

Sect. 2. The Congress shall have power to enforce this arti- 
cle by appropriate legislation. 



CHAPTER I. 

THE PREAMBLE. 

The constitution is the fundamental law of the coun- 
try. It may be written in one document, as in our 
case, or it may be made up of judicial decisions, legisla- 
tive acts, concessions from the crown to the people, 
etc., as in the case of Great Britain. Our written con- 
stitution gives us great advantages over those countries 
where the constitution does not consist of one written 
document. Our government is necessarily more sys- 
tematic and uniform in its operations than would be 
possible without the written constitution. 

This constitution enumerates the principles embodied 
in the government, the political rights of the citizens, 
and analyzes the powers of the government, showing 
how they are organized, distributed, and administered. 

Any act of congress and any act of a state legis- 
lature, which should be pronounced by the supreme 
court of the United States contrary to the constitution, 
would be null and void. The constitution is "the 
supreme law of the land." 

The Preamble. — The constitution commences with 
the following declaration : " We, the people of the United 
States, in order to form a more perfect union, establish 
justice, insure domestic tranquillity, provide for the com- 
mon defence, promote the general welfare, and secure the 
blessings of liberty to ourselves and our posterity, de 



THE PREAMBLE. 85 

ordain and establish this constitution for the United 
States of America." 

This part of the constitution is termed the " Pream- 
ble." This term is sometimes applied to the enacting 
clause of a statute or law. In that case it declares the 
design or motive of the law, and is substantially the 
enacting clause ; for instance, in Michigan, it may be : 
"The people of the state of Michigan enact," or, in the 
case of the congress : "Be it enacted by the senate and 
house of representatives of the United States in con- 
gress assembled." In Rhode Island the form observed 
is : " It is enacted by the general assembly as fol- 
lows." 

This preamble is a part of the constitution itself, and 
not merely an enacting clause. It contains several 
important lessons for us to study. 

In the first place, it should be observed that the source 
of power is here perfectly authoritative, being the people: 
" We, the people of the United States, do ordain and 
establish this constitution." The language is explicit 
and peremptory : " ordain and establish." It is definite 
in regard to the subject: "this constitution." It is 
broad, extensive, and distinct in its purposes and ends, 
— "justice," "tranquillity," "defence," "welfare," "lib- 
erty." 

To summarize, we have here : — 

(1) The authority, "We, the people of the United 
States." 

(2) The ends for which the constitution was made. 
These ends are given in six particulars. 

(3) The ordaining and establishing this constitution. 

(4) The nation by name, for which this constitution 



86 THE PREAMBLE. 

is to become the supreme law : " The United States of 
America/ ' 

Some important inferences are to be drawn from the 
peculiar phraseology of this preamble. It was ordained 
by the people of the United States as a nation. The 
people having cast off their allegiance to Great Britain, 
and having become a separate nation, had the right to 
establish, and so did establish, this constitution by which 
they were to be governed. They assumed a national 
name: "The United States of America." The princi- 
ples for which the constitution was established are 
stated with fulness and great clearness : — 

(i) To form a more perfect union. 

(2) To establish justice. 

(3) To insure domestic tranquillity. 

(4) To provide for the common defence. , 

(5) To promote the general welfare. 

(6) To secure the blessings of liberty to themselves 
and their posterity. 



CHAPTER II. 

THE THREE DEPARTMENTS OF GOVERNMENT. 

Before considering the separate articles of the con- 
stitution it is necessary to observe that the powers of 
government, whether national or state, are under three 
heads : — 

(i) The legislative power. 

(2) The executive power. 

(3) The judicial power. 

The legislative power is the power of the law-making 
branch of the government, under whatever form it may 
be, whether the whole people assembled in town meet- 
ing, the city council, the state legislature, in one body 
or in two bodies, as it may be ; or the national legisla- 
ture, in one body, as was the continental congress, or in 
two bodies, as is the case now under the constitution. 

After the laws are enacted it is necessary that they 
should be executed, and the proper execution of them 
must become a duty of some specified officer or officers. 
It is better that there should be one executive head, 
rather than that the power should be divided among 
several persons. Hence we have as the executive of a 
city, the mayor ; of the state, the governor ; of the nation, 
the president. 

Then the judicial power supplements these two by 
interpreting and defining the meaning of the laws, and 
rendering decisions in individual cases. It is sometimes 



88 THREE DEPARTMENTS OF GOVERNMENT. 

supposed that these three departments of government 
are absolutely distinct and separate from each other; 
this, however, is not the case, and cannot be. 

The peculiar form of our government grew up out of 
the circumstances in which the people found themselves 
at the time the government was organized. Our gov- 
ernment took on many forms from Great Britain. In 
that country the legislative power included the house 
of lords and the house of commons. From this arose 
in the colonies, and also in the nation, the lower house, 
as it was called, that is, the house of representatives, and 
the council, which composed the upper house. More- 
over, when the constitution was framed, there was jeal* 
ousy between the larger and the smaller states. From 
these facts came the division of the legislative depart- 
ment into two branches : the senate, to represent the 
equality of the states ; and the house of representatives, 
to represent the people. In this respect the states have 
all agreed, and in their constitutions, have followed the 
same course. 

The constitution- contains seven articles : — 

Article I. relates to the legislative power. 

Article II. relates to the executive power. 

Article III., to the judicial power. 

Article IV., to various subjects. 

Article V., to the mode of amending the constitution. 

Article VI., to the validity of contracts made prior to 
the constitution and to its supremacy. 

Article VII., to the mode of its ratification. 

Since the adoption of the constitution, fifteen amend- 
ments have been added, which are just as binding as 
the original articles. 



CHAPTER III. 

ARTICLE I : THE LEGISLATIVE DEPARTMENT. 

Section i. "All legislative powers herein granted 
shall be vested in a congress of the United States, which 
shall consist of a senate and house of representatives." 

The legislative department is in some respects the 
most important branch of our government. This depart- 
ment consists of : — 

(i) The senate. 

(2) The house of representatives. 

(3) The president (with the veto power). 

In the several states the law-making power consists of — 

(1) The senate. 

(2) The house of representatives. 

(3) The governor (with the veto power in many 
states). 

In the national legislature the senate represents the 
states, and the house of representatives represents the 
people. In the states these two houses, which are some- 
times called the upper and lower house, form what is in 
many states called the general assembly, sometimes the 
legislature, or the general court. 

In the states the house of representatives usually rep- 
resents the population ; and the senate, counties or dis- 
tricts. There are advantages in dividing the legislative 
power between two houses. Among them are the fol- 
lowing : Hasty legislation under some temporary excite- 



90 THE LEGISLATIVE DEPARTMENT. 

ment is checked by the delay necessary in considering 
a bill in two separate bodies of men. Ample time is 
thus secured for reflection and inquiry. Laws are less 
likely to be passed from private and personal influence, 
and for private and personal ends. The laws are likely 
to be framed more wisely, because after being passed 
by one house, they may be altered and revised in the 
other. 

Section 2, Clause i. " The house of representa- 
tives shall be composed of members chosen every second 
year by the people of the several states, and the electors in 
each state shall have the qualifications requisite for elec- 
tors of the most numerous branch of the state legislature." 

Here are three statements : — 

(1) The members of the house are chosen for two 
years. 

(2) They are chosen by the " people of the several 
states." 

(3) The qualifications for voting for a representative 
in congress are the same as the qualifications fixed by 
each state, for voting for a member of the house of rep- 
resentatives in that state ; that is, whoever is qualified 
under the state law to vote for a member of the house of 
representatives in that state, is qualified according to 
this constitution to vote for a member of the national 
house of representatives. 

The first congress went into operation March 4, 1789, 
the members of the house holding their seats for two 
years. On the 4th of March, therefore, in every second 
year, — in other words, in all the odd years, — a new con- 
gress begins its term. 

Clause 2. " No perso?i shall be a representative who 



THE LEGISLATIVE DEPARTMENT. 



91 



shall not have attained to the age of twenty-five years, 
and been seven years a citizen of the United States, and 
who shall not, when elected, be an inhabitant of that 
state in which he shall be chosen" 

The qualifications for a member of the national house 
are three : — 

(1) He must be at least twenty-five years of age. 

(2) He must have been for seven years a citizen of 
the United States. 

(3) He must be an inhabitant of the state in which 
he shall be chosen ; that is, he must be living in that 
state at the time of the election. It is not necessary 
that he should have lived there long enough to have 
acquired a legal residence. 

These are the only qualifications for a representative 
required by the constitution, and the states have no 
right to require additional qualifications. 

Article XIV. of the Amendments, Section 2, 
Clause i. "Representatives shall be apportioned among 
the several states according to their respective numbers, 
counting the whole number of persons in each state, ex- 
cluding Indians not taxed." 

This clause takes the place of the third clause in the 
section we are now considering. 

The original constitution included in this basis of 
representation three-fifths of the slaves. Here was one 
of the compromises between the free states and the 
slave states in the formation of the constitution. Hap- 
pily slavery is now abolished, and the amendment as 
stated above is now in force. 

Section 2, Part of Clause 3. " The number of 
representatives shall not exceed one for every thirty thou- 



9 2 



THE LEGISLATIVE DEPARTMENT. 



sandy but each state shall have at least one representa- 
tive." 

The number of representatives, which is fixed by a 
law of congress once in ten years, has increased from 
sixty-five, in 1789, to three hundred and twenty-five for 
the present decade, 1883 to 1893. The population for 
one representative has increased from thirty-three thou- 
sand in 1789 to one hundred and fifty-one thousand 
nine hundred and twelve for the present decade. 

Clause 5. " The house of representatives shall choose 
their speaker and other officers, and shall have the sole 
power of impeachment." 

The speaker is the presiding officer of the house, and 
the other officers are : — 

(1) Clerk. 

(2) Sergeant-at-arms. 

(3) Door-keeper. 

(4) Postmaster. 

(5) Chaplain. 

In case the president or any officer of the United 
States is to be impeached, the articles of impeachment 
are framed by the house of representatives, and the 
senate has the sole power to try the person impeached. 
If it is proposed that an officer should be impeached, 
the house appoints a committee to inquire into the 
conduct of that officer. If it reports in favor of im- 
peachment, the house votes upon that question ; and if 
a majority vote for impeachment, then articles are pre- 
pared, which embody the charges made, and a vote 
is taken upon these charges. A committee is then 
appointed to prosecute the impeachment before the 
senate. 




ASaOl NU3ISV3 



)H N0IJ.d30i 
S3IQVT 



CHAPTER IV. 

THE SENATE. 

Section 3, Clause i. " The senate of the United 
States shall be composed of two senators from each state, 
chosen by the legislature thereof, for six years ; and each 
senator shall have one vote" 

This peculiar composition of the senate grew out of 
the natural jealousy existing between the states. At 
the declaration of independence the several colonies 
became states without changing their boundaries. 
The little colony of Rhode Island became the state 
of Rhode Island. The immense territory of Virginia 
was included in the state of Virginia. From the be- 
ginning, in the continental congress, all votes were 
taken by states, each state having one vote. The 
small states, therefore, had equal votes with the larger 
ones ; and this basis of representation was continued 
under the articles of confederation. When the fed- 
eral convention undertook to form a constitution, the 
smaller states were fearful that they should be com- 
pelled to lose their equal rights ; hence Rhode Island 
refused to send delegates to the convention, and there- 
fore had no hand in drafting the constitution. Indeed, 
after it was adopted by the other states, she remained 
outside of the new union for more than a year after 
Washington had been inaugurated president. After 
considerable discussion in the federal convention, a 



94 



THE SENATE. 



compromise was effected, by which the basis of popu- 
lation was adopted for constituting the house of repre- 
sentatives, and the equality of the states was retained 
in the senate. 

This clause states : — 

(i) There shall be two senators from each state. 

(2) They shall be chosen by the legislature of the 
state. 

(3) They shall be chosen for the term of six years. 
. (4) Each senator shall have one vote. 

In regard to the mode in which the legislatures are to 
choose the senators, the constitution is silent. 

By an act of congress passed July 25, 1866, it is pro- 
vided that when the legislature of any state is to elect a 
senator in congress, it shall proceed to the election of 
such senator on the second Tuesday after the organiza- 
tion of the legislature, and the election shall be con- 
ducted as follows : — 

Each house shall, by a viva voce vote, name a person 
for senator, and the name of the person who receives a 
majority vote shall be entered in the journal of the 
house. If the house fails to give such a majority to any 
person, that fact shall be entered on the journal. On 
the next day at twelve o'clock the members of the two 
houses shall convene in joint assembly, and the journal 
of each house shall be read, and if the same person has 
received a majority of all the votes in each house, he 
shall be declared fully elected senator. If no one has 
such a majority, the joint assembly shall choose, by a 
viva voce vote of each member present, a person for 
senator. The person having a majority of all the votes 
of the joint assembly shall be declared elected. If there 



THE SENATE. 



95 



is no election that day, the joint assembly shall meet at 
twelve o'clock on each succeeding day, and shall take at 
least one vote each day until a senator is elected. 

The senators are divided into three classes, and as 
they are chosen for six years, one third of the whole 
number is chosen every second year. The representa- 
tives are chosen for two years, which is the length of 
time covered by one congress. Whenever a new con- 
gress convenes, one-third of the senators are either new 
members, or have been re-elected for a new term. It 
will be observed, that as one-third of the senators go 
out of office every two years, the senate is a continuous 
body ; while the members of the house are all swept off 
at once, and a new election brings in a new house every 
second year. 

Clause 3. "No person shall be a senator who shall 
not have attained to the age of thirty years, and beennine 
years a citizen of the United States, and who shall not, 
when elected, be an inhabitant of that state for which he 
shall be chosen." 

The qualifications of a senator are three : — 

(1) He must be at least thirty years of age. 

(2) He must have been nine years a citizen of the 
United States. 

(3) He must, when elected, be an inhabitant of the 
state for which he is chosen. 

No restriction is placed upon a senator as to property 
or religious belief. It is not necessary that he should 
have resided in the state for any definite length of time. 
He does not forfeit his seat in the senate if he ceases to 
be an inhabitant of the state for which he was chosen. 
The legislature of his state cannot recall him. He is 



96 



THE SENATE. 



eligible to re-election. Several examples are on record 
of senators who liave served their state for more than 
twenty-five years. 

Clause 4. " The vice-president of the United States 
shall be president of the senate, but shall have no vote 
unless they be equally divided!' 

The vice-president is chosen to succeed to the presi- 
dency in case there should, for any cause, be a vacancy 
during the term of four years for which the president 
had been elected. But for this clause, the vice-president, 
so long as the president continued in office, would have 
no duties. The presiding officer of the house is a mem- 
ber of the house. In the senate, as each state has an 
equal voice, it seemed desirable that the presiding officer 
should not be a member of the senate. Moreover, the 
vice-president would probably be more impartial as a 
presiding officer than a senator would be, since he is 
elected by the whole country, and not by a single 
state. 

Clause 5. " The senate shall choose their officers, and 
also a president pro tempore, in the absence of the vice- 
president, or when he shall exercise the office of president 
of the United States." 

The officers of the senate are : — 

(1) A secretary. 

(2) Chief clerk. 

(3) Executive clerk. 

(4) Sergeant-at-arms. 

(5) Door-keeper. 

(6) Chaplain. 

When the vice-president becomes president of the 
United States, the president pro tempore receives the 



THE SENATE. 



97 



salary of the vice-president. The president pro tempore 
is not restricted to a casting vote. He has his vote as 
a senator upon all questions. 

Clause 6. " The senate shall have the sole power to 
try all impeachments. When sitting for that purpose, 
they shall be on oath or affirmation. When the president 
of the United States is tried, the chief justice shall pre- 
side, and no person shall be convicted without the concur- 
rence of tzvo-thirds of the members present" 

There have been seven cases of impeachment under 
the constitution : — 

(i) That of William Blount, senator, in 1799; ac- 
quitted. 

(2) John Pickering, judge, 1803 \ convicted and re- 
moved from office. 

(3) Samuel Chase, judge, 1804; acquitted. 

(4) James H. Peck, judge, 1830; acquitted. 

(5) West H. Humphries, judge, 1862; convicted. 

(6) Andrew Johnson, president, 1868; acquitted. 

(7) W. W. Belknap, secretary of war, 1876; acquitted. 
Clause 7. " yudgment in cases of impeachment shall 

not extend further than to removal from office, and dis- 
qualification to hold and enjoy any office of honor, trust, 
or profit under the United States ; but the party convicted 
shall nevertheless be liable and subject to indictment, trial, 
judgment, and punishment, according to law!' 

In a subsequent article it is provided that a civil offi- 
cer of the United States who shall have been impeached 
and convicted "shall be removed from office." This 
clause provides, furthermore, that he may be punished 
by disqualification to hold office. 

If the senate convict an officer on impeachment, the 



9 8 THE SENATE. 

punishment cannot be less than removal from office, nor 
can it be greater than removal and disqualification com- 
bined. Judge Pickering was removed from office only. 
Judge Humphries'was removed and disqualified. 



i/;// >//7/////////////^^^^ 



^ ^///////////t/////////^^ T ^//?v//y////V/y/////////t\ ^///.'////////yy///////////^^^ ^ 

EASTERN DOOR ll 




CHAPTER V. 

PROVISIONS RELATING TO BOTH HOUSES OF CONGRESS. 

Section 4, Clause 2. " The congress shall assemble 
at least once in every year, and such meeting shall be on 
the first Monday in December, unless they shall by law 
appoint a different day." 

This clause makes it obligatory upon each congress 
to have at least two sessions. A new congress comes 
into existence on the fourth of March in each odd year. 
The first regular session will begin on the first Monday 
of December following. This session may hold, if the 
two houses choose, through the entire year, or 
they may adjourn at any time during the year. Their 
second regular session must begin on the first Monday 
of December following, and that session must close by 
the 4th of March following, when the new congress 
comes into existence. 

Section 5, Clause i. "Each house shall be the judge 
of the elections ', returns, and qualifications of its own mem- 
bers, and a majority of each shall constitute a quorum to 
do business ; but a smaller number may adjourn from day 
to day, and may be authorized to compel the attendance of 
absent members, in such manner and under such penalties 
as each house may provide" 

This is an important provision. On general principles 
it might be supposed that as these senators and repre- 
sentatives are elected by the several states, the certifi- 



IOO PROVISIONS RELATING TO BOTH HOUSES. 

cate of election furnished by the state would be conclu- 
sive evidence that the person holding it is entitled to a 
seat, but this clause makes each house the judge of the 
election, returns, and qualifications of its own members. 

Were this power not given to congress, a state, if it 
chose, could violate the provisions of the constitution, 
and send persons to congress who were not eligible, or 
a party in power in that state might furnish a certificate 
of election to the wrong person, thus depriving the 
majority of their rights. Each house has a committee 
on elections, to whom all doubtful cases are referred. 
This committee makes its report, and the house decides 
by a majority vote. From this decision there is no 
appeal. 

Section 5, Clause 2. "Each house may determine 
the rules of its proceedings, punish its members for dis- 
orderly behavior, and with the concurrence of two-thirds, 
expel a member'' 

It is the custom at the beginning of each congress, 
for each house to adopt the rules of that house in the 
previous congress, and a committee is appointed to re- 
port new rules. 

The power to punish a member has been exercised 
by each house. William Blount, senator from Ten- 
nessee, was expelled from the senate in 1797; and 
Jesse D. Bright, senator from Indiana, was expelled 
in 1863. Senator Blount was impeached, and on his 
trial the senate decided that a member of either house 
of congress was not an officer of the United States, 
within the meaning of the law. 

Preston S. Brooks, a member of the house from South 
Carolina, was censured by the house for his assault on 



COMPENSATION OF CONGRESSMEN iqi 

senator Sumner, but was not expelled. He resigned 
his seat, and was re-elected without opposition. 

Section 6, Clause i. "The senators and representa- 
tives shall receive a compensation for their services ; to be 
ascertained by law, and paid out of the treasury of the 
United States. They shall in all cases, except treason, 
felony, and breach of the peace, be privileged from arrest 
during their attendance at the session of their respective 
houses and in going to and returning from the same; and 
for any speech or debate in either house, they shall not be 
questioned in any other place." 

Although the members of congress are elected by the 
several states, this clause provides that they be paid out 
of the national treasury. Under the articles of confed- 
eration, each state paid its own members of congress. 
In the British Parliament the members receive no com- 
pensation. 

It was supposed by many members of the federal 
convention that the senate would represent the wealth 
of the country. This to a great extent has proved true. 
The proposition was made in the convention, that no 
salary be allowed to the senators. This proposition re- 
ceived the approval of Dr. Franklin, but it was voted 
down by a bare majority. Congress has, from time to 
time, increased the compensation of its members from 
six dollars a day in the house, and seven dollars a day in 
the senate, until, by a law passed in 1874, the compen- 
sation of each senator was fixed at five thousand dollars 
per annum, and the salary of each representative at five 
thousand dollars. The pay of the speaker of the house 
and of the vice-president, or if there is none, the presi- 
dent of the senate pro tempore, is eight thousand dollars 



102 PROVISIONS RELATING TO BOTH HOUSES. 

per annum. In addition to his salary every member of 
either house is allowed mileage, in coming and going 
between his home and congress, twenty cents per mile 
for every mile of travel by the usual route.' 

Clause 2. " No senator or representative shall, during 
the time for which he was elected, be appointed to any civil 
office under the authority of the United States, which shall 
have been created, or the emoluments whereof shall have 
been increased, during such time ; and no person holding 
any office under the United States shall be a member of 
either house during his continicance in office" 

The object of the first part of this clause was to pre- 
vent corruption, by diminishing the temptation to create 
remunerative offices to be filled by the members them- 
selves. Unlike the British Parliament, this prevents 
cabinet officers from being members of congress. 

Section 7, Clause i. "All bills for raising revenue 
shall originate in the house of representatives ; but the 
senate may propose or concur with amendments, as on 
other bills!' 

This clause is copied from the custom of the British 
Parliament. There, revenue bills must originate in the 
house of commons. There is very little necessity in our 
present circumstances for this restriction. Raising rev- 
enue is understood to be confined to levying taxes. It 
is the custom for the senate to originate bills which 
look toward the raising of money, or which will require 
the raising of money, as for example, bills to establish 
post-offices, the mint, and to regulate the "sale of public 
land, etc. 

Clause 2. "Every bill which shall have passed the 
house of representatives and the senate, shall, before it 



ENACTING A LAW. 



103 



become a law, be presented to the president of the United 
States ; if he approve, he shall sign it; but if not \ he shall 
return it with his objections to that house in which it shall 
have originated, who shall enter the objections at large on 
their journal and proceed to reconsider it. If, after such 
reconsideration, two-thirds of that house shall agree to pass 
the bill, it shall be sent, together with the objections, to the 
other house, by which it shall likewise be reconsidered, 
and if approved by two-thirds of that house it shall become 
a law. But in all such cases the votes of both houses shall 
be determined by yeas and nays, and the names of the per- 
sons voting for and against the bill shall be entered on the 
journal of each house respectively. If any bill shall not be 
returned by the president within ten days {Sundays ex- 
cepted) after it shall have been presented to him, the same 
shall be a law, in like manner as if he had signed it, un- 
less congress, by their adjournment, prevent its return, in 
which case it shall not be a law!' 

This clause prescribes particularly the method of 
passing a bill, that is, of enacting a law by congress. 
This method, briefly stated, is as follows : — 

A bill originates in one house, is read twice, either in 
full or by title, is discussed if necessary, is passed to the 
third reading, ordered to be engrossed, and when en- 
grossed is sent to the other house with the signature of 
the presiding officer and the clerk. It is there con- 
sidered in like manner, and when passed and properly 
signed is sent to the president ; if he shall sign it, it 
becomes a law, and the official copy is deposited for 
preservation in the office of the secretary of state. If 
the president does not approve of the bill, he returns it 
" with his objections to the house in which it shall have 



104 PROVISIONS RELATING TO BOTH HOUSES. 

originated, who shall enter the objections at large in 
their journal, and proceed to reconsider it." If the vote 
shows less than two-thirds of the house in its favor, the 
bill is killed. If two-thirds or more vote in favor of the 
bill it is sent to the other house. If less than two-thirds 
favor the passage of the bill it fails ; but, if two-thirds 
or more vote in favor of the bill, it becomes a law in 
spite of the president's veto. 

Sometimes the president does not approve a bill, and 
yet is unwilling to veto it, in which case the constitution 
prescribes, that if the president does not return it to the 
house where it originated within ten days (Sundays ex- 
cepted), it becomes a law without his signature. This 
would hold in all cases, except when congress, by their 
adjournment, should prevent its return. It is, therefore, 
possible for the president to prevent any bill which has 
been sent to him within ten days of the adjournment of 
congress from becoming a law. In case of such a bill, 
which the president does not approve, he has only to 
retain it, and it fails to become a law. 



CHAPTER VI. 

THE POWERS OF CONGRESS. 

We come now to the consideration of the powers 
vested by this constitution in the congress. It should 
be remembered that when the constitution was framed, 
the controversy was sharp and spirited between those 
who favored bestowing large powers upon the national 
government, and those who, fearing that evils would re- 
sult from such a course, were strenuous in their belief 
that large powers should be retained by the govern- 
ments and the people of the several states. In conse- 
quence of this controversy Section 8 of Article I. 
of the constitution defines somewhat minutely special 
subjects upon which congress shall have power to legis- 
late. This section, however, does not contain an ex- 
haustive enumeration of the powers of congress, and 
does not mean that congress shall not legislate on any 
subjects not here enumerated. This is evident from the 
1 8th clause of this section, by which power is given to 
congress "To make all laws which shall be necessary 
and proper for carrying into execution the foregoing 
powers and all other powers vested by this constitution 
in the government of the United States, or in any de- 
partment, or officer thereof." Elsewhere, in various 
sections, the constitution requires of congress the exer- 
cise of powers not particularly mentioned in this section ; 
and the constitution in different places implies that con- 



106 THE POWERS OF CONGRESS. 

gress must do certain things, which are not expressly 
provided for in this section. 

Section 8, Clause i. " The congress shall have power 
to lay and collect taxes, duties ', imposts, and excises, to pay 
the debts and provide for the common defence and general 
welfare of the United States ; but all duties, imposts, and 
excises shall be uniform throughout the United States." 

This clause gives congress the power to levy taxes for 
three purposes : — 

(i) To pay the public debt. 

(2) To provide for the common defence. 

(3) To provide for the general welfare. 

We have already seen that the power to levy taxes is 
one of the fundamental and most important powers of 
government, whether local, state, or national. This 
clause gives to the national government power to 
levy and collect taxes for three broad purposes 
mentioned. 

The four words, taxes, duties, imposts, excises, origi- 
nally were nearly synonymous. They are all used here, 
not to mean four different things, but to include all the 
usual methods of taxation. The specific meaning of 
each word is not exactly fixed. They have different 
meanings in different connections. Ordinarily, the 
word taxes denotes direct taxes, laid on individuals, 
either poll tax or property tax. Duties are indirect 
taxes, and include excise taxes and duties on imports 
and exports. Imposts are duties on imports. Excises 
are duties on goods manufactured and used in this 
country. Another word of similar meaning has arisen 
and grown into general use ; namely, customs. This 
in general means duties on imports and exports ; but as, 



TAXES AND DUTIES. 107 

in our country, there are no export duties, its use is 
synonymous here with imposts. 

The general government may levy a tax in three 
ways : — 

(1) A direct tax upon persons, which may be either a 
poll tax or property tax. 

(2) An indirect tax upon goods imported into the 
country from abroad. 

(3) An indirect tax upon goods manufactured and 
used here. 

Political economy defines a direct tax as one which 
comes from the property of the nominal payer, while an 
indirect tax is assessed on one person, but in reality is 
paid by another. Duties on imports, therefore, are in- 
direct because they are paid finally by the consumer and 
not by the importer. Taxes that are levied by the state 
and local governments are usually direct taxes. The 
income of the general government, however, is almost 
entirely received by indirect taxation. Congress has 
never yet levied a general tax on all the property of the 
country. 

Previous to the civil war a direct tax had been laid 
but four times, in 1798, 18 13, 181 5, 18 16. These taxes 
were levied upon lands, houses, and slaves. To pay the 
debt incurred in the civil war, direct taxes were again 
levied in 1861 and subsequently. 

This government, during most of its existence, has 
been committed to the policy of laying duties on goods 
manufactured abroad and imported into this country. 
These duties on imports are of two kinds : — 

(1) Specific duties. 

(2) Ad valorem duties. 



108 THE POWERS OF CONGRESS. 

A specific duty is a tax levied on goods by weight, 
measure, or bulk ; as, for example, a duty of fifty cents 
a yard on broadcloth, one dollar a ton on iron, or fifty 
cents a gallon on molasses. 

An ad valorem duty is levied according to the value 
or cost of the goods, as, ten per cent on iron, fifty per 
cent on the cost of brandy. These duties are collected 
under the direction of the treasury department. The 
states are divided into collection districts, and the col- 
lector for each district is appointed by the president. 
The collector receives all reports, manifests, and docu- 
ments required by law, on the entry of any ship or ves- 
sel into the port. He records the manifests in his 
book ; he receives the entries of all vessels, with an 
account of the goods or merchandise imported in them ; 
he estimates, by the assistance of the naval officer, if 
there is one, the amount of duties to be paid, and in- 
dorses these amounts upon the entries. The duties 
are paid to him, or bonds for securing their payment are 
given to him, and permits for the unloading and delivery 
of goods from the vessels are granted by him. He ap- 
points proper persons as weighers, gaugers, measurers, 
and inspectors, and he provides warehouses for the safe 
keeping of goods. The duties must be paid before the 
collector will grant a permit for the unloading and de- 
livery of the goods. In some of the important ports a 
naval officer and surveyor are also appointed by the 
president. The naval officer is independent of the col- 
lector, and serves as a check upon that officer. All 
entries must pass through his office as well as that of 
the collector. The surveyor has charge of the inspec- 
tors, weighers, measurers, and gaugers. Strict laws are 



NA TURALIZA T/OJV. 



IO9 



passed, with penalties attached, against smuggling, and 
the government makes great use of small, swift-sailing 
steam-vessels, called revenue cutters, at the most impor- 
tant ports, to assist in enforcing the revenue laws. 

Clause 3. " To regulate commerce with foreign 
nations and among the several states, and with the Indian 
tribes." 

This clause places the whole subject of commerce, as 
to its rules and regulations, under the authority of con- 
gress, and the courts have decided that this authority is 
exclusive. No state can levy a tax on imported goods. 

Clause 4. " To establish an uniform rule of naturali- 
zation, and uniform laws on the subject of bankruptcies 
throughout the United States" 

Naturalization is an act by which a foreigner, called an 
alien, becomes a citizen of the United States. Under the 
confederation, each state passed laws naturalizing aliens. 

It is to be noticed that there has been a constant 
growth of national power. At first the several states 
were unwilling to give up their power to the federal 
government. Through the whole history of the nation, 
the dividing line between political parties has been upon 
this principle. One party has favored large state rights, 
and a minimum national power. The other party has 
favored an increase of national power. Here is an illus- 
tration : — The laws upon the subject of naturalization, 
and the qualifications requisite in the different states 
were so various, that confusion and controversy resulted. 
To remedy these evils, the constitution gives congress 
full power over the subject of naturalization, so that the 
laws shall be uniform throughout all the states. An 
alien coming to this country from a foreign land, must 



IIO THE POWERS OF CONGRESS. 

make application for citizenship ; this is called his "dec- 
laration of intention. " This declaration must be made 
at least two years before he can receive his naturaliza- 
tion papers. In his declaration he must declare on oath 
or affirmation that it is his intention to become a citizen 
of the United States and to renounce all allegiance to 
the government of which he is at the time or has been 
a subject. 

Before he can receive his naturalization papers, he 
must have resided in this country at least five years. 
There is one exception to this law. By an act passed in 
1862, 'a soldier of the age of twenty-one years and up- 
ward, regularly discharged from the army of the United 
States, may be admitted to citizenship without a previ- 
ous declaration of intention and with a single year's resi- 
dence. The children of a naturalized foreigner, who are 
under twenty-one years of age, residing in this country 
at the time the father received his naturalization papers, 
are considered citizens. The children of a citizen, who 
are born abroad, are citizens of the United States. 

When foreign territory has been incorporated into the 
union, by treaty or otherwise, congress has exercised the 
power of granting naturalization without previous resi- 
dence. When territory is annexed to this country, the 
president and senate have naturalized the inhabitants of 
such territory en masse. 

Great frauds have often been committed in large 
cities by issuing naturalization papers to large numbers 
of foreigners, who, it has been claimed, have not resided 
in this country for the requisite term of five years. By 
this means it has been urged that fraudulent votes have 
been cast, and elections largely influenced. Conse- 



BANKRUPTCY. 1 1 1 

quently, in 1870, congress passed a stringent law to 
punish violations of the naturalization laws. 

Bankruptcy. — This clause gives congress power to 
make "Uniform laws on the subject of bankruptcies 
throughout the United States." 

In England, the term bankrupt is generally limited to 
traders who fail to pay their debts, while the word in- 
solvent was applied to those not paying their debts, who 
were not engaged in trade. The general usage, how- 
ever, in the United States, has been to make the words 
bankrupt and insolvent synonymous. In reality, a per- 
son is insolvent when he cannot pay his debts. He be- 
comes a bankrupt by legal proceedings under a bankrupt 
law. Congress has exercised this power to pass uniform 
laws on bankruptcy at three different times. The first 
bankrupt law was passed in 1800, and repealed three 
years later. The second was passed in 1841, and re- 
pealed within two years. The third was in effect from 
1867 to 1878. No national bankrupt laws are in force 
now. It is held that if congress does not exercise its 
power to pass a bankrupt law, the several states can 
do so. The state laws are usually termed insolvent 
laws. 

Clause 5. " To coin money \ regulate the value thereof > 
and of foreign coin> and fix the standard of weights and 
measures" 

Prior to the constitution, the several states coined 
money. This clause prohibits this, and gives congress 
the sole power to issue money. The coins of the coun- 
try are issued from the United States mints. The prin- 
cipal mint is located at Philadelphia. There are branch 
mints at San Francisco, Cal. ; Carson, Nev. ; and Denver, 



112 THE POWERS OF CONGRESS. 

Col. There are assay offices at New York ; Boise City, 
Id. Ter. ; and Charlotte, N.C. 

An act of congress passed in 1873 provided for the 
following coins : — 

(1) Gold : The dollar piece ; the two-dollar-and-a-half 
piece, or quarter-eagle ; the three-dollar piece ; the five- 
dollar piece, or half-eagle ; the ten-dollar piece, or eagle ; 
and the twenty-dollar piece, or double-eagle. 

(2) Silver : The dollar ; half-dollar ; quarter-dollar, 
and dime. 

(3) The " minor coins " are the five-cent piece and 
three-cent piece and one-cent piece. Two-cent pieces 
are not now coined. 

Weights and Measures. — This clause also gives 
congress the power " to fix the standard of weights and 
measures. ,, It is proper that the standard of weights and 
measures should be connected with money. The price 
or value of any commodity is fixed in money terms, but 
this commodity is either weighed or measured, and, 
therefore, the power which coins the money should fix the 
standard of weights and measures. Our weights and 
our measures have come to us through the ancient 
usages of Great Britain. It appears strange that the 
world should not have earlier established a uniform sys- 
tem. That twelve inches should make a foot, and three feet 
a yard, and that five and a halfoi this denomination should 
make a rod, and that forty of this is called a furlong, and 
that eight furlongs are a mile, is not complimentary to 
the civilization of our ancestors. 

We made a great gain when this government estab- 
lished our coins on the decimal system : ten cents make 
a dime ; and ten dimes a dollar ; and ten dollars, an eagle. 



POST-OFFICES. nj 

It will be a greater gain when the metric system for all 
weights and measures shall have come into universal use. 
The metric system has been legalized by an act of con- 
gress, but it is to be feared that the day is somewhat 
distant when it shall have come into general use in this 
country. 

Clause 6. " To provide for the punishment of counter- 
feiting the securities and current coin of the United States!' 

The law now in force in regard to counterfeiting the 
coin of the United States, was passed in 1873. It pro- 
vides for the punishment of counterfeiting our coins, or 
the coins of foreign countries, by a fine not exceeding five 
thousand dollars, and by imprisonment for a term not ex- 
ceeding ten years. Congress has passed laws against 
counterfeiting treasury notes, and notes of national banks, 
and various stamps and certificates. The law now in 
force upon this subject was passed in 1864, and provides 
for punishment by fine not exceeding five thousand dol- 
lars, and imprisonment not exceeding fifteen years. 

Clause 7. " To establish post-offices and post-roads. ,: 

The post-office department of the United States is 
under the direction of the postmaster-general, who is 
appointed by the president, and who is authorized by 
congress to establish post-offices, to contract for the 
carrying of the mails on post-roads, and to superintend 
and direct all the business of his department. Every 
postmaster whose salary is one thousand dollars or more 
per annum, is appointed by the president, and confirmed 
by the senate. All other postmasters are appointed by 
the postmaster-general. 

Mailable matter is divided into four classes : — 

(1) Written matter. 



II 4 THE POWERS OF CONGRESS. 

(2) Periodical publications. 

(3) Miscellaneous printed matter. 

(4) Merchandise. 

On mailable matter of the first class, except postal 
cards and drop-letters, postage is now paid at the rate 
of two cents for each ounce or fraction thereof. Postal 
cards shall be transmitted through the mails at a postal 
charge of one cent each ; and drop-letters shall be 
mailed at the rate of two cents per ounce or fraction 
thereof, including delivery at letter-carrier offices, 
and shall be one cent for each ounce or fraction 
thereof, where free delivery by carrier is not estab- 
lished. 

Second-Class Matter. — Mailable matter of this 
class shall embrace all newspapers and other periodical 
publications which are issued at stated intervals, not 
less than four times a year, and which are within certain 
conditions named in this statute. The postage on 
second-class matter shall be one cent per pound or 
fraction thereof, such postage to be prepaid, and any 
article, or item in each newspaper, or other publication, 
may be marked for observation, except by written or 
printed words, without increase of postage. 

Third-Class Matter. — Mailable matter of this 
class embraces books, circulars, and other matter 
wholly in print, corrected proof-sheets, and manuscript 
copy of the same. The postage shall be paid at the 
rate of one cent for every two ounces, or fraction 
thereof, and shall be fully prepaid by postage stamps 
affixed to such matter. There is no limit of weight to 
single volumes of books ; other matter is limited to four 
pounds in a single package. Transient newspapers or 



POST-OFFICES. 



115 



periodicals, which were formerly included in this class, 
are now subject to the rate of one cent for four ounces. 
Fourth-Class Matter. — This shall embrace all 
matter not included in the first, second, or third classes, 
and which is not in its form or nature liable to destroy, 
deface, or otherwise damage the contents of the mail- 
bag, or harm the person of any one engaged in the 
postal service, and is not above the weight provided 
by law, which is declared not to exceed four pounds, 
except in the case of single books weighing in excess of 
that amount, and for books and documents by order of 



congress. 



Liquids, poisons, canned goods containing liquids, 
explosive, and other inflammable articles, and many 
other kinds of objectionable matter, are precluded by 
law from admission to the mails. 

Postal Money Orders. — The postal money-order 
system has been in operation since 1864. The free 
delivery of letters by carriers in large cities was com- 
menced in 1863. Letter-carriers are now authorized in 
all places containing ten thousand inhabitants, or whose 
post-office does a gross business of ten thousand dollars 
annually. 

Post-roads were early established by congress ; but in 
later years, since railroads have so rapidly multiplied, the 
mails are largely transported in mail-cars upon the rail- 
roads, there being no necessity for the government to 
maintain post-roads. As the constitution gives to con- 
gress the control of the correspondence, many claim 
that the electric telegraph should be managed by the 
government, and that telegraph rates should be fixed 
by congress. 



Il6 THE POWERS OF CONGRESS. 

Clause 8. " To promote the progress of science and 
useful arts, by securing for limited times to authors and 
inventors, the exclusive right to their respective writings 
and discoveries ." 

This clause gives to congress exclusive power to 
grant : — 

(i) Copyrights to authors. 

(2) Patents to inventors. 

Copyrights. — Authors of books, maps, charts, and 
musical compositions, are entitled to copyright, which 
gives them the exclusive right of printing, publishing, 
and selling their productions for the term of twenty- 
eight years. This may be renewed for a period of 
fourteen years. 

Directions for Securing Copyrights, (i) Printed 
Title Required. — "A printed copy of the title (besides 
the two copies to be deposited after publication) of the 
book, map, chart, dramatic or musical composition, en- 
graving, cut, print, or photograph, or a description of the 
painting, drawing, chromo, statue, statuary, or model or 
design for a work of the fine arts, for which copyright is 
desired, must be sent by mail or otherwise, prepaid, ad- 
dressed Librarian of Congress, Washington, D.C" This 
must be done before publication of the book or other 
article. 

What Style of Print. — " The printed title required 
may be a copy of the title-page of such publications as 
have title-pages. In other cases, the title must be printed 
expressly for copyright entry, with the name of claimant 
of copyright. The style of type is immaterial, and the 
print of a type-writer will be accepted. But a separate 
copy is required for each entry, and each title must be 



COPYRIGHTS. 



117 



printed on paper as large as commercial note. The title 
of a periodical must include the date or number. 

(2) Fees. — "The legal fee for recording each copyright 
claim is fifty cents, and for a copy of this record (or cer- 
tificate of copyright) an additional fee of fifty cents is 
required. Certificates covering more than one entry are 
not issued. 

(3) Two Copies Required. — "Within ten days after 
publication of each book or other article, two complete 
copies of the best edition issued, must be sent to perfect 
the copyright, with the address Librarian of Congress, 

Washington, D.C" 

The postage must be prepaid, unless the publications 
are inclosed in parcels covered with printed penalty la- 
bels, furnished by the librarian, in which case they will 
come free by mail, without limit of weight, according to 
the rulings of the post-office department. Without the 
deposit of copies above required, the copyright is void, 
and a penalty of twenty-five dollars is incurred. No 
copy is required to be deposited elsewhere. 

(4) Notice of Copyright to be Given by Imprint. — " No 
copyright is valid unless notice is given by inserting in 
every copy published, on the title-page or the page foU 
lowing, if it be a book ; or if a map, chart, musical com- 
position, print, cut, engraving, photograph, painting, 
drawing, chromo, statue, statuary, or model or design 
intended to be perfected as a work of the fine arts, by 
inscribing upon some portion thereof, or on the substance 
on which the same is mounted, the following words, viz. : 

' Entered according to act of congress, in the year , 

by , in the office of the librarian of congress, 

at Washington,' or, at the option of the person en- 



Il8 THE POWERS OF CONGRESS. 

tering the copyright, the words: ' copyright, 18 — , 

by : 

" The law imposes a penalty of one hundred dollars 
upon any person who has not obtained copyright who 
shall insert the notice ■ Entered according to act of 
congress/ or 'copyright/ etc., or words of the same 
import, in or upon any book or article. 

(5) Translations. — " Any author may reserve the right 
to translate or dramatize his own work. In this case 
notice should be given by printing the words ' Right 
of translation reserved/ or ' All rights reserved/ below 
the notice of copyright entry, and notifying the libra- 
rian of congress of such reservation, to be entered upon 
the record. 

" Since the phrase ' all rights reserved ' refers exclu- 
sively to authors' rights to dramatize or to translate, it 
has no bearing upon any particular publication except 
original works, and will not be entered upon the records 
in other cases. 

(6) Duration of Copyright. — " The original term of 
copyright runs for twenty-eight years. Within six 
months before the end of that time, the author or 
designer, or his widow or children, may secure a re- 
newal for a further term of fourteen years, making 
forty-two years in all. 

Renewals. — " Applications for renewals must be ac- 
companied by explicit statement of ownership, in the 
case of the author, or of the relationship, in the case of 
his heirs, and must state definitely the date and place 
of entry of the original copyright. Advertisement of 
renewal is to be made within two months of date of 
renewal certificate, in some newspaper for four weeks. 



COPYRIGHTS. 



119 



(7) Time of Publication. — " The time within which 
any work entered for copyright may be issued from the 
press is not limited by law or regulation, but depends 
upon the discretion of the proprietor. A copyright may 
be secured for a projected work as well as a completed 
one. But the law provides for no caveat, or notice of 
interference, only for actual entry of title. 

(8) Assignments. — " A copyright is assignable in law 
by any instrument of writing, but such assignment must 
be recorded in the office of the librarian of congress 
within sixty days from its date. The fee for this record 
and certificate is one dollar, and for a certified copy of 
any record of assignment, one dollar. 

(9) Copies of Duplicate Certificates. — " A copy of the 
record (or duplicate certificate) of any copyright entry 
will be furnished, under seal, at the rate of fifty cents 
each. 

(10) Serials, or Separate Publications. — "In the case 
of books published in more than one volume, or of peri- 
odicals published in numbers, or of engravings, photo- 
graphs, or other articles published with variation, a 
copyright is to be entered for each volume or part of 
a book, or number of the periodical, or variety as to 
style, title, or inscription, of any other article. But a 
book published serially in a periodical, under the same 
general title, requires only one entry. To complete the 
copyright on such a work, two copies of each serial part, 
as well as of the complete work (if published separately), 
must be deposited. 

(11) Copyrights for Works of Art. — "To secure a 
copyright for a painting, statue, or model or design 
intended to be perfected as a work of the fine arts* so 



I2 o THE POWERS OF CONGRESS. 

as to prevent infringement by copying, engraving, or 
vending such design, a definite description must accom- 
pany the application for copyright, and a photograph of 
the same, at least as large as ' cabinet size/ should be 
mailed to the librarian of congress within ten days from 
the completion of the work or design. 

(12) No Labels or Names Copyright. — " Copyrights 
cannot be granted upon trade-marks, nor upon mere 
names of companies or articles, nor upon prints or 
labels intended to be used with any article of manu- 
facture. If protection for such names or labels is 
desired, application must be made to the patent-office, 
where they are registered at a fee of six dollars for 
labels, and twenty-five dollars for trade-marks. 

(13) " Citizens or residents of the United States only 
are entitled to copyright. 

(14) Full Name of Proprietor Required. — " Every appli- 
cant for a copyright should state distinctly the full name 
and residence of the claimant, and whether the right is 
claimed as author, designer, or proprietor. No affidavit 
or formal application is required." 

Patents. — The United States government grants 
letters-patent to " inventors or discoverers of any new 
or useful art, machine, manufacture, or composition of 
matter, or any new and useful improvement on such, 
which had been previously unknown, and which had 
not been used by others, and which had not been on sale 
or in public use for more than two years prior to the 
application for a patent." This business is conducted 
in Washington, in the patent-office, under the direction 
and control of the commissioner of patents, who receives 
applications and superintends the granting and issuing 



PIRACIES. 121 

of patents, in accordance with the various acts of con- 
gress passed at different times on this subject. 

The patent -office employs many clerks, called exam- 
iners, who investigate the claims of every invention for 
which a patent is solicited. 

The patent itself is the official document issued in the 
name of the United States, for the period of seventeen 
years. It has connected with it a description of the in- 
vention, with such drawings as the nature of the case 
permits. Its cost is thirty dollars. Each article offered 
for sale by the patentee must be stamped with the word 
" patent," with the date when the patent was issued. 

Clause io. " To define and punish piracies and felo- 
nies committed on the high seas, and offences against the 
law of nations T 

Piracies were formerly much more common than they 
are at the present time. This clause confers upon con- 
gress not only the power to punish, but also the right 
to define piracies and felonies upon the high seas. 
Accordingly congress has declared what felonies shall 
be treated as piracies. Among these are murder and 
robbery on the high seas, or on any river, in any haven, 
or bay, out of the jurisdiction of any particular state ; 
or any offence, which, if committed within the body of 
the country, would, by the laws, be punishable with 
death. 

The slave trade for more than three-fourths of a cen- 
tury has been declared piracy. 

This clause also includes offences against the law of 
nations. By the law of nations is meant those princi- 
ples of justice, and those usages which define the rights 
and limit the duties of nations in their intercourse one 



122 THE POWERS OF CONGRESS. 

with another, both in peace and war. As illustrations 
of offences against the law of nations, might be men- 
tioned, disregard of treaties, infringement of the rights 
of ambassadors, and violation of passports. 

Clause i i. " To declare war, grant letters of marque 
and reprisal, and make rules concerning captures on land 
and water" 

It is here to be noticed, that while on the one hand 
the right to make treaties with foreign nations is granted 
to the president by and with the advice of the senate, 
yet on the other hand the right to declare war is granted 
to the legislative department of the government. Both 
of these rights in England are the prerogatives of the 
king. 

Letters of Marque and Reprisal are commis- 
sions granted by the government, generally in time of 
war, to permit individuals to go beyond the limits of 
the country and seize upon the property of a foreign 
state, or of its citizens or subjects, as a reparation for 
some injury committed by such a state, or its citizens or 
subjects. This custom was formerly quite common, 
but of late has fallen into disrepute, and many nations 
have agreed to discontinue its use. 

Clause 12. " To raise and support armies;* but no ap- 
propriation of money to that use shall be for a longer term 
than two years!' 

By this clause the power to raise and support armies 
is placed in the hands of congress. It is, however, nec- 
essary to guard against the possibility of a military des- 
potism. If appropriations were made by law, for an 
indefinite period of time, the president, who is com- 
mander-in-chief, could gather under his control an army 



THE ARMY. 



123 



which might defy the acts of congress and enable him 
to revolutionize the government. This clause, therefore, 
provides that congress shall make no appropriation of 
money to support the army for a longer term than two 
years. As a matter of fact it is the practice of congress 
to make these appropriations annually. The parliament 
of England observes the same custom. 

All enlistments in the army are voluntary, and are 
usually for the term of five years, unless sooner dis- 
charged. The officers, non-commissioned officers, musi- 
cians, and privates are required, on entering the army, 
to swear or affirm "that they will bear true faith and 
allegiance to the United States of America, and that 
they will serve them honestly and faithfully against their 
enemies or oppressors whomsoever, and that they will 
obey the orders of the president of the United States, 
and the orders of the officers appointed over them, ac- 
cording to the rules and articles of war." 

The organization of the army is very simple. The 
commanding officers are all comprised in the following 
titles : — 

(1) Captain. 

(2) Colonel. 

(3) Brigadier-general. 

(4) Major-general 

(5) Lieutenant-general. 

The office of general has been abolished. 

(1) The captain is in command of a company, the 
maximum of which is one hundred men. Under him, as 
officers of the company and to take command in his ab- 
sence, are a first lieutenant and second lieutenant. In 
the artillery service there may be more than one of each 



124 



THE POWERS OF CONGRESS. 



rank. The non-commissioned officers of the company 
are of three grades : — 
(i) First sergeant. 

(2) Sergeant. 

(3) Corporal. 

(2) The colonel commands a regiment, whether of in- 
fantry, artillery, or cavalry. There are under him a 
lieutenant-colonel and one or more majors. 

(3) The brigadier-general commands a brigade. A 
brigade is composed of several regiments. 

(4) The major-general commands a division, which 
consists of several brigades, or in time of war he may 
command an army corps or a department. 

(5) The lieutenant-general is in command of all the 
armies of the United States, under the direction of the 
president as commander-in-chief. 

Clause 13. " To provide and maintain a navy^ 
The officers of the navy are as follows, with the corre- 
sponding rank of the officers of the army : — 

(1) Ensign, corresponding to second lieutenant. 

(2) Master, corresponding to first lieutenant. 

(3) Lieutenant, corresponding to captain. 

(4) Lieutenant-commander, corresponding to major. 

(5) Commander, corresponding to lieutenant-colonel. 

(6) Captain, corresponding to colonel. 

(7) Commodore, corresponding to brigadier-general. 

(8) Rear-admiral, corresponding to major-general. 

(9) Vice-admiral, corresponding to lieutenant-gen- 
eral. 

(10) Admiral, corresponding to general. 
Formerly the office of captain in the navy was the 
highest recognized by law. Congress has provided that 



ARMY REGULATIONS. 



125 



when the offices of admiral and vice-admiral become 
vacant, these grades shall cease. 

Clause 14. " To make rules for the government and 
regulation of the land and naval forces!' 

In accordance with this clause, congress has adopted 
and published " Regulations for the Army of the United 
States." It is customary to read extracts from these 
articles to every garrisoned regiment, troop, and com- 
pany once in six months. 

Clauses 15 and 16 " provide for the calling forth and 
organizing the militia of the several states, to execute 
the laws of the union, suppress insurrections, and repel 



invasions." 



All officers of the regular army are commissioned by 
the president. All officers of the regiments raised by 
the states as militia, even when in the service of the 
United States, are commissioned by the governors of the 
states respectively. 

Three times since the American Revolution, our gov- 
ernment has been obliged to call out large bodies of men 
for the military service. 

(1) In the war with Great Britain in 18 12. 

(2) In the Mexican War in 1846. 

(3) During the Civil War, 1861 to 1865. 

The number of men called into the service in the civil 
war was very great. At the close of the war the entire 
army of the United States numbered more than one mil- 
lion of men. The whole number mustered into service 
during the four years was 2,656,553. 

The 17th clause of this section provides that congress 
shall have exclusive legislation over the District of 
Columbia, and also " over any places purchased by con- 



126 THE POWERS OF CONGRESS. 

sent of the legislature of the state in which the same 
shall be, for the erection of forts, magazines, arsenals, 
dock-yards, and other needful buildings/' The District 
of Columbia was originally ceded to the United States, 
by Maryland and Virginia, as a place for the capitol of 
the United States. In 1848 that part lying west of the 
Potomac was retroceded to Virginia. 

During the Revolutionary War, the continental con- 
gress held its sessions a portion of the time at New 
York, and by act of congress remained there from 
March 4, 1789, until the close of the second session 
of the first congress. The act provided that the offices 
of the government be then removed to Philadelphia, 
that they should remain there for ten years, and that 
prior to the first Monday of December, 1800, the seat 
of government should be removed to the city of Wash- 
ington, District of Columbia. Washington has, therefore, 
been the capital of the United States since December, 
1800. 

This clause also provides that the government shall 
have control over the places where it shall erect forts, 
arsenals, custom-houses, post-offices, etc., with the con- 
sent of the state legislature. 

By an act of 1878, the government of the District of 
Columbia was placed under a board of three commis- 
sioners. Two are appointed by the president and sen- 
ate for three years, and the third is an officer of the corps 
of engineers of the army, to be detailed by the presi- 
dent.. These commissioners have charge of the munici- 
pal interests of the district, — appointing the police, 
firemen, school board, and all other officers. The ex- 
penses for carrying on the government of the district 



UNEXPRESSED POWERS OF CONGRESS. 127 

are met, one half by appropriation from the national 
treasury, and the other half by assessment upon the 
taxable property of the district. 

Clause 18. " To make all laws which shall be neces- 
sary and proper for carrying into execution the foregoing 
powers, aud all other powers vested by this constitution 
in the government of the United States ', or in any depart- 
ment or officer thereof." 

This clause is what Patrick Henry called "the sweep- 
ing clause/ ' by which, as he thought, congress was to 
overthrow the states. Great opposition to this clause 
was manifested by the state-rights party during the time 
in which the constitution was under discussion by the 
people and by state conventions prior to its adoption. 

Nothing is plainer than that the government has 
under this constitution full national powers, and is lim- 
ited only by the restrictions imposed by the constitution 
itself. Judge Story says : " It would be almost imprac- 
ticable, if it were not useless, to enumerate the various 
instances in which congress, in the progress of the gov- 
ernment, has made use of incidental and implied means 
to execute its powers. They are almost infinitely varied 
in their ramifications and details." 

Chief Justice Marshall says : " A power vested carries 
with it all those incidental powers which are necessary 
to its complete and efficient execution." 

This principle has been acted upon by the general 
government from 1789 to the present day. 

Dr. I. W. Andrews says : " Nothing is plainer than 
that the constitution was intended to vest in the general 
government all the powers which properly belong to 
such a government, and so it has been understood from 



128 THE POWERS OF CONGRESS. 

the beginning. The affairs of the nation could not be 
carried on a single year if no laws were enacted but such 
as are specifically provided for in the constitution." It 
is well known that the most remarkable powers which 
have been exercised by the government were the pur- 
chase of Louisiana in 1803, and the laying of an unlim- 
ited embargo in 1807. These measures were brought 
forward, says Judge Story, "and supported and carried 
by the known and avowed friends of strict construction. 
They were driven to the adoption of the doctrine that 
the right to acquire territory was incident to national 
sovereignty ; that it was a resulting power, growing out 
of the aggregate powers confided by the constitution ; 
that the appropriation might justly be vindicated on the 
grounds that it was for the common defence and the 
general welfare," 



CHAPTER VII. 

RESTRICTIONS UPON THE NATIONAL GOVERNMENT. 

Section 9, Clause i. " The migration or importa- 
tion of such persons as any of the states now existing 
shall think proper to admit, shall not be prohibited by 
the congress prior to the year one thousand eight hundred 
and eight ; but a tax or duty may be imposed on such 
importation, not exceeding ten dollars for each person" 

The first clause of this section contains one of those 
compromises which seemed necessary in order to make 
any constitution at all. At the beginning of the Revo- 
lution the general sentiment of the country was opposed 
to slavery. This sentiment had so far changed in the 
southern section of the union, at the time the constitu- 
tion was formed, that the leading men of these states 
jealously guarded their peculiar domestic institution. 

This clause provides that the congress shall not pro- 
hibit the importation of slaves, prior to the year 1808. 
The very fact that such a clause is introduced tends to 
show that without this specific clause congress might 
be deemed to have the power to prohibit the slave trade, 
although there is no clause in the eighth section grant- 
ing them such power. The words slave and slavery 
do not appear in the constitution. The expression here 
used is : " The migration and importation of such per- 
sons as any of the states now existing shall think proper 
to admit." 



I 3 o RESTRICTIONS UPON THE GOVERNMENT. 

On the ist of January, 1808, an act of congress, pre- 
viously passed, went into effect, imposing heavy penal- 
ties upon persons engaged in the slave trade. In 1820 
by an act of congress the slave trade was declared to be 
"piracy," to be punished with death. From that time 
the slave trade, that is, the importation of slaves from 
foreign countries, has diminished, and the public senti- 
ment of the country and of the world has set more and 
more strongly against the barbarous system of human 
slavery. Happily our nation is now freed from this 
curse. It should be observed that when this constitu- 
tion was formed, no one of the nations of the world had 
abolished the slave trade. Yet at that time ten of the 
thirteen states had prohibited the importation of slaves. 
The three states which still clung to this custom were 
North and South Carolina, and Georgia. In the federal 
convention these states insisted upon a provision being 
inserted in the constitution for the admission of slaves, 
at least for a limited period. 

Dr. Andrews, in his " Manual of the Constitution/' 
gives the following summary of the action taken by our 
national government from time to time upon slavery : 
"In 1787 the continental congress passed an 'Ordi- 
nance for the government of the territory of the United 
States northwest of the Ohio/ which provided that in 
that territory there should 'be neither slavery nor in- 
voluntary servitude, otherwise than in punishment of 
crimes.' 

" The slave trade to foreign countries was prohibited 
in 1794. 

"The importation of slaves was prohibited in 1807, 
the law to take effect Jan. 1, 1808. 



THE SLAVE TRADE. 131 

"In 1820 the slave trade was declared to be a piracy, 
to be punished with death. 

" Slavery was abolished in the District of Columbia, 
by an act of congress, in 1862, and in the territories the 
same year. 

"The president's first proclamation as to emancipation 
of slaves in the rebel states, was issued Sept. 22, 1862. 
The second proclamation emancipating them, is dated 
Jan. 1, 1863. The coastwise slave trade was forever 
prohibited by an act of July 2, 1864. 

" The thirteenth amendment to the constitution abolish- 
ing slavery throughout the United States, and all places 
subject to their jurisdiction, was proposed to the legis- 
latures of the states by congress, Feb. 1, 1865, and was 
ratified Dec. 18, 1865." 

The next clause (clause 2) provides that " The privi- 
lege of the writ of habeas corpus shall not be sus- 
pended, unless when in cases of rebellion or invasion 
public safety may require, it," in which case it is sus- 
pended by congress or by the president, who must have 
been previously authorized by act of congress to sus- 
pend it. 

Clause 3. " No bill of attainder y or ex post facto law 
shall be passed. 

The bill of attainder is an old English custom, by 
which a person could be punished by death, or other- 
wise, by a legislative act without a judicial trial. 

An ex post facto law is one which makes an act crim- 
inal, which was not criminal when committed. In other 
words, it is a law passed subsequent to the commission 
of an act, applying a penalty to the act previously com- 
mitted. So, also, the law that provides for a greater 



I3 2 RESTRICTIONS UPON THE GOVERNMENT. 

punishment than was imposed when the crime was 
committed, would be an ex post facto law. An ex post 
facto law applies only to crimes, and not to civil pro- 
ceedings, which affect private pecuniary matters only. 
The latter would be a " law impairing the obligation of 
contracts." 

The next clause provides that direct taxes, levied by 
the national government, shall be in proportion to the 
population. 

Clause 5. "No tax or duty shall be laid on articles 
exported from any state. No preference shall be given 
by any regulation of commerce or revenue to the ports of 
one state over those of another ; nor shall vessels bound 
to or from one state be obliged to enter, clear, or pay 
duties in another!' 

The result of this clause has been the prohibition of 
duties on exports from any part of our country, and this 
clause is a restriction upon the several states, as well as 
upon the national government. 

Clause 6. "No money shall be drawn from the treas- 
ury, but in consequence of appropriations made by law ; 
and a regular statement and account of the receipts and 
expenditures of all public money shall be published from 
time to time" 

Congress votes an appropriation bill annually, and 
the fiscal year begins on the first day of July. These 
appropriations are made with great care and with much 
detail. The appropriation acts sometimes fill one hun- 
dred pages of the United States statutes. 

By this clause the officers of the United States treas- 
ury are prohibited from paying out any money, except in 
accordance with acts of congress providing for the same. 



TITLES OF NOBILITY. 



133 



Clause 7. " No title of nobility shall be granted by 
the United States ; and no person holding any office of 
profit or trust under them, shall, without the consent of 
the congress, accept of any present, emolument, office, or 
title, of any kind whatever, from any king, prince, or for- 
eign state" 

It would seem to be the fundamental principle of a 
republican government, that there should be no titles of 
nobility. The people must be considered equal before 
the law. The second part of this clause is designed to 
prevent any foreign influence being exercised to bribe 
in any way an officer of our nation. 



CHAPTER VIII. 

RESTRICTIONS UPON THE STATES. 

Section io. "No state shall enter into any treaty, 
alliance, or confederation ; grant letters of marque and re- 
prisal ; coin money ; emit bills of credit ; make anything 
but gold and silver coin a tender in payment of debts ; 
pass any bill of attainder, ex post facto law, or law im- 
pairing the obligation of contracts; or grant any title of 
nobility. 

The framers of the constitution intended to make a 
national government with sovereign powers, leaving to 
the states the control of such matters of local or sec- 
tional government as would best be left in their hands. 
It is clear from this section and others, that the framers 
of the constitution proposed to retain all needful and 
sovereign powers in the hands of the nation, and to 
restrict to subordinate limits the power of the state as 
such. There is no element of sovereignty in the states. 
They were British colonies until July 4, 1776. Through 
representative power delegated by the several colonies 
to the members of the continental congress, that con- 
gress threw off allegiance to the mother country, and 
the united colonies became a nation, and at the same 
time the several colonies became states. 

From that day onward no state has exercised sover- 
eign powers, except in the attempted acts of secession. 
These were settled by the arbitrament of war. The 



RESTRICTIONS UPON THE STATES. 



135 



effect of that war has been to increase the national 
power. No further discussion of the several points of 
this clause seems needful. 

Tnv. second clause of this section prohibits the states 
from laying imposts or duties on imports and exports, 
and from keeping troops and ships of war in time of 
peace, without the consent of congress. All questions 
relating to peace and war, treaties, alliances, armies, 
duties on imports and coinage of money, are under the 
control of the general government. 

Judge Story says : " No state can control or abridge, 
or interfere with, the exercise of any authority under 
the national government ; and it may be added, that 
state laws, as, for instance, state statutes of limitations, 
and state insolvent laws, have no operation upon the 
rights or the contracts of the United States." 

We have now completed the consideration of the 
legislative department of the United States government, 
and this forms an excellent basis for a proper under- 
standing of the details of the several state legislatures. 

The state legislatures are in nearly all instances 
formed upon the model of the national legislature. 
There are in every state two houses, called a senate 
and a house of representatives. The presiding officer 
of the senate is termed the president of the senate, and 
the presiding officer of the house the speaker of the 
house. Bills passed by one house are sent to the other, 
and being passed by that in most cases are sent to the 
governor of the state for his approval. In nearly all 
the states the governor has the veto power similar to 
that exercised by the president. 

In nearly all the states the membership of the senate 



I3 6 RESTRICTIONS UPON THE STATES. 

is determined by sections of territory ; while the mem- 
bers of the house are in proportion to the population. 
A singular exception to this rule exists in the state of 
Vermont. In that state the house is composed of one 
member from every town or city in the state, while the 
senators are chosen from the several counties, with ref- 
erence to their population, the smaller counties having 
but one senator each, while the more populous counties 
have several. 

A good knowledge, therefore, of the national legisla- 
ture, enables one to understand very readily the compo- 
sition and working of the state legislature. 



CHAPTER IX. 

ARTICLE II : THE EXECUTIVE DEPARTMENT. 

Section i, Clause i. u The executive power shall be 
vested in a president of the United States of America. 
He shall hold his office during the term of four years > 
andy together with the vice-president, chosen for the same 
term, be elected as follows :" — 

By this clause we observe that : — 

(i) The executive power is vested in one person. 

(2) He is elected for a term of four years. 

(3) The vice-president is elected at the same time and 
for the same term. 

The constitution does not define the executive power. 
Whatever that power is, it is vested by the constitution 
in the president. The constitution determines some 
things which he may not do. It gives him power to 
do certain things which are clearly outside the execu- 
tive department ; but within the limits of that depart- 
ment, he, and he alone, has the entire power. 

The length of his term was the subject of much dis- 
cussion in the federal convention. The term of four 
years, however, was settled upon and* has never been 
changed. The president is eligible to re-election. Sev- 
eral presidents have served two terms. There is no 
legal reason why one should not serve a third term or 
more, if it were the will of the people. 

The question of the length of the presidential term 



138 



THE EXECUTIVE DEPARTMENT 



has been much discussed. Many are of the opinion that 
a longer term, six years, or seven years, or even eight 
years, and the president ineligible to re-election, would 
have been better. In favor of the shorter term, how- 
ever, it may be said, that the office is more dependent 
upon the will of the people. Some one has said that 
the presidential campaign is a national school, wherein 
the nation acquires a minute and accurate knowl- 
edge of the government and of all governmental 
affairs. 

The following is the list of the presidents, with their 
terms of office : — 

(i) George Washington, two terms, 1789 to 1797. 

(2) John Adams, one term, 1797 to 1801. 

(3) Thomas Jefferson, two terms, 1801 to 1809. 

(4) James Madison, two terms, 1809 to 18 17. 

(5) James Monroe, two terms, 181 7 to 1825. 

(6) John Quincy Adams, one term, 1825 to 1829. 

(7) Andrew Jackson, two terms, 1829 to 1837. 

(8) Martin Van Buren, one term, 1837 to 1841. 

(9) William Henry Harrison, one month, 1841. 

(10) John Tyler, three years and eleven months, 1841 
to 1845. 

(11) James K. Polk, one term, 1845 to 1849. 

(12) Zachary Taylor, one year and four months, 1849 
to 1850. 

(13) Millard Fillmore, two years and eight months, 
1850 to 1853. 

(14) Franklin Pierce, one term, 1853 to 1857. 

(15) James Buchanan, one term, 1857 to 1861. 

(16) Abraham Lincoln, four years and one month, 
1861 to 1865. 



ELECTORS. 



1 39 



(17) Andrew Johnson, three years and eleven months, 
1865 to 1869. 

(18) Ulysses S. Grant, two terms, 1869 to 1877. 

(19) Rutherford B. Hayes, one term, 1877 to 1881. 

(20) James A. Garfield, four months, 1881. 

(21) Chester A. Arthur, three years and eight months, 
1881 to 1885. 

(22) Grover Cleveland, from 1885 to 1889. f ,/>/ 3fc ~~- 

(23) Benjamin Harrison, from 1889 to, ^J . 

It will be seen by the above table that we have had 
twenty-two presidents in one hundred years. Of these, 
seven have been elected for a second term. Four vice- 
presidents have succeeded to the presidency by the 
death of the president. 

Clause 2, "Each state shall appoint, in such manner 
as the legislature thereof may direct, a number of electors 
equal to the whole number of senators and representatives 
to which the state may be entitled in the congress ; but no 
senator, or representative, or person holding an office of 
trust or profit under the United States, shall be appointed 
an elector!' 

The several points in this clause are as follows : — 

(1) The president is appointed by electors, and not 
by the immediate vote of the people. 

(2) The number of electors in each state. 

(3) Any person holding a United States office is pro- 
hibited from being an elector. 

It was thought by the framers of the constitution, 
that, if the direct choice of president was taken from 
the people and placed in the hands of electors chosen 
by the people, who would unquestionably be selected 
from the ablest and most trustworthy men of the na- 



140 



THE EXECUTIVE DEPARTMENT. 



tion, a wiser choice of president would be insured than 
if the people of the whole country were to vote directly 
for this officer. It was evidently the thought of the 
framers of the constitution, that, when the electors had 
been appointed, they would then determine for whom 
their votes should be cast. The result, however, has 
proved that the election of president is not left in the 
hands of the electors, but is, in reality, determined by 
the people in the election of these electors. 

According to the custom which now prevails, the 
electors are practically pledged beforehand to vote for 
a certain candidate, who has been previously nomi- 
nated in a national convention of a political party. 
The electors therefore exercise no discretion in their 
vote. 

In the next place the constitution determines the 
number of electors. This number is fixed by a two- 
fold ratio : — 

(i) Each state is entitled to two electors, correspond- 
ing to the equality of states in the senate. 

(2) The remaining number of electors to which each 
state is entitled, is fixed by the rule of population, which 
has already determined the number of representatives to 
which the state is entitled in congress. This method 
has reference to the law of population and the equality 
of states. For example : on the basis of population, New 
York may be entitled to thirty-four representatives in 
congress, and Delaware to one. Now, if the president 
were elected by the direct vote of the people, the vote of 
New York would be thirty-four times as large as the vote 
of Delaware, and the relative power of these two states 
in the election of president would be in the ratio of one 



METHOD OF ELECTING PRESIDENT 



141 



to thirty-four. By this clause of the constitution, how- 
ever, Delaware has three electors and New York thirty- 
six, so that the relative power of the two states in the 
electoral college is as three to thirty-six. If the presi- 
dent, therefore, were elected by the direct vote of the 
people, the small states would have much less power in 
determining who should be president than they now 
have. 

The third clause of this article has been rendered null 
and void by the twelfth article of the amendments. This 
amendment was proposed to the states by congress in 
1803. It was ratified by the requisite number of states 
and became valid as a part of the constitution in 1804. 
The amendment is as follows : — 

" The electors shall meet in their respective states, and 
vote by ballot for president and vice-president, one of 
whom, at least, shall not be an inhabitant of the same 
state with themselves ; they shall name in their ballots 
the person voted for as president, a?id in distinct ballots 
the person voted for as vice-president, and they shall make 
distinct lists of all persons voted for as president, and of 
all persons voted for as vice-president, and of the number 
of votes for each, which lists they shall sign and certify, 
and transmit sealed to the seat of the government of the 
United States, directed to the president of the senate ; the 
president of the senate shall, in the presence of the senate 
and house of representatives, open all the certificates, and 
the votes shall then be counted. The person having the 
greatest number of votes for president shall be the president 
if such number be a majority of the whole number of elec- 
tors appointed; and if no person have such majority, then 
from the persons having the highest numbers, not exceed* 



1 42 THE EXECUTIVE DEPARTMENT. 

ing three, on the list of those voted for as president \ the 
house of representatives shall choose immediately \ by bal- 
lot, the president. But in choosing the president the votes 
shall be taken by states, the representation from each state 
having o?ie vote ; a quorum for this purpose shall consist 
of a member or members from two-tJiirds of the states, and 
a majority of all the states shall be necessary to a choice. 
And if the house of representatives shall not choose a presi- 
dent whenever the right of choice shall devolve upon them, 
before the fourth day of March next following, then the vice- 
president shall act as president, as in the case of the death 
or other constitutional disability of the president. The 
person having the greatest number of votes as vice-presi- 
dent shall be the vice-president, if such number be a major- 
ity of the whole 7iumber of electors appointed; and if no 
persoii have a majority, then from the two highest num- 
bers on the list the senate shall choose the vice-preside7it : 
a quorum for the purpose shall consist of two-thirds of the 
whole number of senators, and a majority of the whole 
number shall be necessary to a choice. But no person con- 
stitutionally ineligible to the office of president shall be eli- 
gible to that of vice-president of the United States." 

Clause 4. " The congress may determine the time of 
choosing the electors, and the day on which they shall give 
their votes ; which day shall be the same throughout the 
United States." 

The method of electing the president, although at first 
sight it may seem complicated, yet by a little study wil] 
appear plain and simple. The entire process is set forth 
in the preceding clauses. Prior, however, to any legal 
steps, the custom of political parties has rigidly fixed 
preliminary proceedings. For a long time previous to 



METHOD OF ELECTING PRESIDENT ^3 

the presidential election, the newspapers discuss the 
claims of the various aspirants for this office. 

The political parties are thoroughly organized, and in 
the spring or summer preceding the election, each party- 
holds a national convention, to nominate a candidate for 
the presidency and a candidate for the vice-presidency. 
Delegates to this convention are appointed by a state 
convention of the party in each and every state. The 
number of delegates fixed upon for this convention is 
twice the number of electors to which each state is en- 
titled. Thus, at the conventions of the republican and 
the democratic parties in 1884, both of which were held 
in Chicago, the number of delegates chosen was 802. 

This number was determined as follows : during this 
decade from 1883 to 1893 the number of representatives 
in congress is 325. There were thirty-eight states, and 
therefore j6 senators. The number of members, 
therefore, in both houses of congress was 401. This 
number represents the whole number of electors in 
the presidential election, 1884. Consequently, the 
national convention of each party would be entitled 
to 802 delegates.* 

Whatever candidate, therefore, should secure a major- 
ity of these delegates (that is, if the delegates were all 
present), 402 votes in the convention, would be the party 
nominee for president. The same, of course, would be 
true of the candidate for the vice-presidency. 

In the national convention of the republican party 
called to nominate a candidate for the presidency in 1880, 
no one received a majority vote for several days. There 
were at that time 293 representatives in congress, and 
76 senators. The whole number of electors in that elec- 

* The custom has obtained of late to allow delegates from the territories. 



144 THE EXECUTIVE DEPARTMENT. 

tion, therefore, was 369, and the number of delegates 
chosen to this convention was 738. Of this number 370 
would be requisite for a majority. The vote of the con- 
vention day after day was divided between General 
Grant, John Sherman, James G. Blaine, and others. 

Senator Conkling of New York had nominated Gen- 
eral Grant for a third term, and in a speech of great 
power had urged his nomination. General Garfield, in 
an address of singular ability and intense magnetism, 
had nominated John Sherman. Other nominations were 
made, and day after day ballots were taken without a 
choice, 306 delegates voting constantly for General 
Grant, but 370 were requisite for a choice. A few votes 
had been cast for General Garfield, but finally the votes 
of the several candidates, except Grant, centered upon 
Garfield, and he was nominated, although the 306 stood, 
until the final vote, for General Grant. 

When the two great political parties of the country, 
and whatever parties may put candidates in nomination, 
have agreed upon their candidates, the struggle begins 
in earnest. The party newspapers all over the country 
are filled with articles favoring their respective candi- 
dates, and discussing the great principles of government, 
particularly the special issues involved in the election ; 
and as the time for the election of the electors ap- 
proaches, orators address great assemblies, discussing 
the issues involved. There are parades, with bands of 
music, torch-light processions of various organizations, 
appeals to principle, and appeals to sentiment, ridicule, 
and sarcasm, efforts of wit and humor ; and in fact the 
whole nation is stirred to the very foundation ; each 
party moving every stone, taking every means, employ- 



ELECTION OF ELEC20RS. 



145 



ing every measure to secure the election of its candi- 
date to this high office. 

Great evils are incident to the presidential campaign. 
Business is frequently paralyzed, great enterprises are 
checked, and the thought and the effort and the money 
of the nation all seem to be absorbed in the question of 
electing the chief magistrate of this great country for 
the next four years. On the other hand, there is no 
little gain apparent from this great contest. All govern- 
ment questions are discussed, criticisms upon every 
policy are brought forward, the judgment of the nation 
is appealed to on every point. The weaknesses of the 
different political organizations are brought to light, and 
in general, there is such a canvassing of all questions 
relating to our national government, that the people 
become more intelligent upon civil affairs than would 
otherwise be possible. 

The candidates now being nominated, the day of 
election approaches. The president and the vice-president 
are to be chosen by electors. Congress, by an act passed 
in 1845, has fixed the day of choosing these electors as 
the Tuesday next after the first Monday in November. 
The election of these electors takes place on the same 
day throughout the entire country. 

The legislature of each state directs the manner in 
which these electors shall be elected. There have been 
heretofore four different modes of electing the electors : — 

(1) By joint ballot of the state legislatures. 

(2) By a concurrent vote of the two branches of the 
legislature. 

(3) By the popular vote of the state on one joint 
ticket. 



I 4 6 THE EXECUTIVE DEPARTMENT. 

(4) By the people voting in districts. 

The method now adopted by all the states is that of 
the people of the whole state voting by general ticket. 
By this method the vote of no state is divided, but the 
entire state votes for the electoral college as nominated 
by one party or another. 

The electors are well-known men, who are virtually 
pledged to vote for the candidate which has been nomi- 
nated by their party. These men are not pledged by 
any undue means, but it is understood from their posi- 
tion, their principles, and their affiliations, that they are 
to vote for the party candidate. The electors, thus duly 
elected in each state, receive a certificate in triplicate 
from the executive of the state, certifying their election. 
Then in accordance with an act passed by congress, 
Feb. 3, 1887, the electors must meet in their respective 
states and give their votes on the second Monday in 
January. Their place of meeting is determined by the 
legislature of the state. It is usually the capital of the 
state, but not necessarily. The electors in the state of 
Rhode Island meet, by law, in the town of Bristol. 
Most of the states have, however, designated the state 
capital as the place for the electors to meet and cast 
their votes. The electors give separate votes for the 
president and vice-president by ballot. They then make 
three certificates of all the votes given. These certifi- 
cates they must sign and seal, and certify on each certifi- 
cate that there is contained within a list of the votes 
of the electors of such a state (naming it), for president 
and vice-president. One of these certificates is delivered 
to the judge of the United States district court for that 
district in which the electors are assembled. —A second 



COUNTING THE VOTES. ^7 

certificate is forwarded forthwith, by mail, to Washing- 
ton, directed to the president of the senate. The 
electors appoint a person as special messenger to take 
the third certificate, carry it to Washington, and deliver 
it to the president of the senate. This special mes- 
senger is paid a sum fixed by law, on the mileage prin- 
ciple. The three certificates of the election of these 
electors are transmitted with the certificates of their 
votes. 

The next step in order is the counting of the votes of 
these electors. This takes place on the second Wednes- 
day of February, in the hall of the house of representa- 
tives, in presence of both houses of congress, the 
president of the senate presiding. On that day the 
senate marches in a body from the senate chamber to 
the other wing of the capital, and enters the hall of the 
house, the members of the house standing to receive 
them. All being seated, the president of the senate 
opens the certificates in the presence of the two houses, 
and hands them to the tellers, previously appointed by 
the two houses respectively, who count the votes state 
by state, in alphabetical order, beginning with the letter 
A, and each vote, together with the aggregate vote, is 
declared by the presiding officer. This method gives 
dignity and insures fairness in the proceeding. 

The constitution says : " The person having the 
greatest number of votes for president, shall be presi- 
dent if such be a majority.' y It does not say that he 
shall be declared elected president. The custom has, 
however, generally prevailed for the presiding officer, 
after the votes were counted, to declare the person hav- 
ing a majority of the votes, elected president. 



I 4 8 THE EXECUTIVE DEPARTMENT. 

At the last election, in February, 1885, Senator 
Edmunds, being president of the senate pro tempore^ 
made no declaration of the election, taking the ground 
that the constitution did not require it, but that the very 
announcement that such a person had received a 
majority vote of the electors made him president, and 
that it was not necessary to declare him elected. This 
view is embodied in the act of Feb. 3, 1887.* 

Election by the House. — In case no person 
receives a majority of the votes cast by the electors for 
president, the choice of a president is referred to the 
house of representatives. The house must immediately 
proceed to the election of president, and are restricted 
in their votes to the three highest candidates in the vote 
by the electors. In thus voting for the president, the 
vote must be taken by states, the representatives from 
each state having one vote. The vote cannot be taken 
except a quorum shall be present, and this quorum is 
determined by the constitution to be one or more 
representatives present from two-thirds of the states. 
It is possible that the house might be so divided as to be 
unable to elect any one of these three highest candidates. 
The constitution provides for this emergency. The 
house must continue voting until the fourth day of 
March, when the session ends and the congress expires. 
In case they make no choice prior to that date, then the 
constitution provides, that "The vice-president shall act 
as president, as in the case of death, or other constitu- 
tional disability of the president." 

Election of Vice-President. — On the second 

* For this act of congress of Feb. 3, 1887, see Appendix. 



QUALIFICATIONS FOR PRESIDENT. I49 

Wednesday of February, when the votes are counted for 
president, in the presence of the two houses, the votes 
for vice-president are also counted, and "The person 
having the greatest number of votes as vice-president, 
shall be vice-president, if such number be a majority of 
the whole number of electors appointed." If there is 
no election of vice-president by the electors, then the 
senate shall immediately proceed to choose a vice-presi- 
dent. There must be a quorum present for this purpose, 
and the constitution fixes that quorum as two-thirds of 
the whole number of senators, and a majority of the 
whole number shall be necessary to a choice. The sen- 
ators must choose the vice-president from the two high- 
est numbers on the list voted for by the electors. 

As the vice-president may become president, the con- 
stitution wisely provides, that " No person constitution- 
ally ineligible to the office of president shall be eligible 
to that of vice-president of the United States." 

Clause 5. " No person except a natural born citizen, 
or a citizen of the United States at the time of the adop- 
tion of this constitution, shall be eligible to the office of 
president ; neither shall any person be eligible to that 
office who shall not have attained to the age of thirty-five 
years, and been fourteen years a resident within the United 
States" 

At the present day, therefore, the qualifications for 
president are as follows : — 

(1) He must be a native born citizen. 

(2) He must have attained to the age of thirty-five 
years. 

(3) He must have been fourteen years a resident with- 
in the United States. 



ISO 



THE EXECUTIVE DEPARTMENT 



No other qualifications can be demanded than these 
three fixed by the constitution. It will be well here to 
refer to the qualifications requisite for senators and 
representatives, that comparison may be instituted. 

(i) A representative must be twenty-five years of age, 
a senator thirty, and a president thirty-five. 

(2) A representative must have been a citizen of the 
United States seven years, a senator nine years, and the 
president native born. 

(3) A representative must be an inhabitant of the 
state for which he shall be chosen, a senator the same, 
and a president must have resided within the United 
States fourteen years. A temporary sojourn in a 
foreign country, still retaining his residence at home, or 
a residence abroad on official duty, would not incapaci- 
tate one from holding the office of president or vice-presi- 
dent. 

Clause 6. "In case of the removal of the president 
from office, or of his death, resignation, or inability to 
discharge the powers and duties of the said office, the 
same shall devolve on the vice-president ; and the con- 
gress may by law provide for the case of removal, death, 
resignation, or inability, both of the president and the 
vice-president, declaring what officer shall then act as 
president, and such officer shall act accordingly until 
the disability be removed or a president shall be 
elected." 

By this clause the constitution devolves the duties of 
the office of president upon the vice-president, in case 
of the removal, resignation, or inability of the president. 
No case occurred where it was necessary for the vice- 
president to assume the duties of the president, from 



SUCCESSION TO THE PRESIDENCY. 



ISI 



the inauguration of President Washington in 1789, down 
to the year 1841. At that time, by the death of Presi- 
dent Harrison, Vice-President Tyler assumed the duties 
of the office of president. The question then arose 
whether the vice-president would become actually the 
president, or be considered as acting president. Presi- 
dent Tyler settled that point by assuming at once the 
title of president, and thus establishing a precedent for 
all cases. 

This clause makes it incumbent upon congress to 
provide, by law, for the case of vacancy in the office of 
president or vice-president. Accordingly in 1792 con- 
gress provided that in case of the removal, death, resig- 
nation, or inability, both of president and vice-president, 
the president of the senate pro tempore, and in case there 
shall be none, the speaker of the house shall act as 
president until the disability be removed, or a president 
be elected. 

Congress also provided by the same act, for a new 
election of president, in such case. This law was in 
force from 1792 to 1886. 

It has been customary for the vice-president to retire 
from the chair previous to the close of every session of 
congress, so that the senate might elect a president pro 
tempore. This was a precautionary measure to provide 
against the contingency of the death of both president 
and vice-president, during the interim between the two 
sessions of congress. This law has seemed to many as 
being inadequate, because there was a liability of vacancy 
in the office of both president and vice-president between 
the expiration of one congress and the meeting of the 
next congress, when there would be no speaker of the 



152 



THE EXECUTIVE DEPARTMENT 



house, and possibly no president of the senate /r<? tempore. 
Moreover, grave objections existed against the plan of 
placing a member of the legislative department in the 
executive chair. 

These objections finally resulted in the passage of a 
new law by congress in January, 1886, which provides, 
that in case of the removal, death, resignation, or inabil- 
ity of both the president and vice-president of the United 
States, the secretary of state> if there be one, shall be- 
come president, and hold the office during the remainder 
of the presidential term of four years ; and in case there 
is no secretary of state, or in case of his removal, death, 
resignation, or inability, then the secretary of the treas- 
ury, and next in order the secretary of war, the attorney- 
general, the postmaster-general, the secretary of the 
navy, and the secretary of the interior. 

This bill also provides, that whenever the powers and 
duties of the office of president of the United States 
shall devolve upon any of the persons named herein, if 
congress be not then in session, or if it would not meet 
in accordance with the law within twenty days there- 
after, it shall be the duty of such persons, upon whom 
said powers and duties shall devolve, to issue a procla- 
mation convening congress in extraordinary session, 
giving twenty days* notice of the time of meeting. It 
also prescribes "that the preceding section shall only 
be held to describe and apply to such officer as shall 
have been appointed by the advice and consent of the 
senate, to the office therein named, and such as are 
eligible to the office of president under the constitution 
and not under impeachment by the house of representa- 
tives of the United States, at the time the powers and 



PRESIDENT'S SALARY. 153 

duties of the office shall devolve upon them respec- 
tively." 

The advantages of this law over that previously in 
force are : — 

(1) It retains the executive power in the hands of 
officers of the executive department, instead of bringing 
a person to the executive chair from the legislative 
department. 

(2) It retains the executive power in the hands of one 
of the late president's constitutional advisers, who are 
supposed to be already familiar with the plans and pur- 
poses of government, and is thus likely to carry forward 
the administration with less change of purpose and 
policy than would otherwise be the case. 

(3) This plan retains for the four years, the same 
political party in power in the executive depart- 
ment. 

Clause 7. " The president shall, at stated times, re* 
ceive for his services a compensation which shall be 
neither increased nor diminished during the period for 
which he shall have been elected, and he shall not receive 
within that period, any other emolument from the United 
States, or any of them." 

The salary of the president was originally fixed at 
twenty-five thousand dollars. This was by an act oj 
congress in 1789, and again in 1793. This salary con- 
tinued without change until 1873, when it was raised to 
fifty thousand dollars, and now remains at that amount* 
The executive mansion is furnished to the president 
without charge, and other perquisites are attached to 
the office by law. 

The salary of the vice-president was originally fivs 



I 5 4 THE EXECUTIVE DEPARTMENT. 

thousand dollars, and was raised in 1853 to eight thou- 
sand dollars. These salaries are paid monthly. 

Before entering upon the duties of his office, the pres- 
ident takes the following oath or affirmation : " I do sol- 
emnly swear (or affirm) that I will faithfully execute the 
office of president of the United States, and will, to the 
best of my ability, preserve, protect, and defend the con- 
stitution of the United States." 

Section 2, Clause i. " The president shall be com- 
mander-in-chief of the army and navy of the United 
States, and of the militia of the several states, when 
called into actual service of the United States ; he may 
require the opinion, in writing, of the principal officer in 
each of the executive departments, itpon any subject relat- 
ing to the duties of their respective offices, and he shall 
have power to grant reprieves and pardons for offences 
against the United States, except in cases of impeach- 
merit!' 

Activity, energy, and unity of purpose are so requisite 
for the success of any army movements, that the entire 
command should be in the hands of a single person. 
The constitution wisely makes the president commander- 
in-chief of the national forces upon sea and land, in time 
of peace as well as of war. 

This clause anticipates the establishment of executive 
departments, and gives the president the authority to 
obtain in writing the opinion of the secretary of state, 
war, navy, etc., upon any subject where he desires it. 
He does not have the authority to demand the opinion 
of the judges of the supreme court, because they may 
be called to decide the question under consideration in 
some case regularly brought before the court, and it 



POWERS OF THE PRESIDENT. 155 

would not be wise to anticipate such a decision, or to 
render it before hearing all the evidence. 

The president can grant reprieves and pardons for 
offences against the United States, except in cases of 
impeachment. 

Clause 2. " He shall have power, by and with the 
advice and consent of the senate, to make treaties, pro- 
vided two-thirds of the senators present concur ; and he 
shall nominate, and by and with the advice and consent 
of the senate, shall appoint ambassadors, other public 
ministers and consuls, judges of the supreme court, and 
all other officers of the United States, whose appointments 
are not herein otherwise provided for, and which shall be 
established by law : but the congress may by law vest the 
appointment of such inferior officers as they think proper, 
in the president alone, in the courts of law, or in the 
heads of departments!' 

By this clause the president has power : 

(1) To make treaties, with the consent of the senate. 

(2) To nominate certain public officers. 

Treaties are solemn agreements between independent 
nations, generally relating to peace, war, commerce, nav- 
igation, territory, boundaries, etc. Treaties are usually 
first negotiated between ministers, or ambassadors, ap- 
pointed for this purpose by the governments interested. 
When the terms of the treaty are agreed upon the pres- 
ident lays the matter before the senate, which discusses 
it in executive session with closed doors. A two-thirds 
vote is necessary for ratification. 

The appointing power is mainly vested in the pres- 
ident, but the appointments must be made by and with 
the advice and consent of the senate. But the clause 



I5 6 THE EXECUTIVE DEPARTMENT. 

gives to congress the power to arrange for the appoint- 
ment of the inferior officers by others than the pres- 
ident. In the appointment of a permanent United States 
officer by the president, three things are essential. 

(i) That the person shall be nominated in writing by 
the president to the senate. 

(2) That the senate shall advise and consent to his 
appointment. 

(3) That subsequently the president actually appoints. 
A nomination is not an appointment. 

Clause 3. " The president shall have power to fill up 
all vacancies that may happen during the recess of the 
senate, by granting commissions which shall expire at the 
end of their next session" 

The power of temporary appointments, when the 
senate is not in session, is given to the president alone, 
but such appointments expire at the end of the next 
session of the senate. If the senate, however, in its 
session fails to make an appointment, then it is consid- 
ered that a vacancy has again happened in the office, 
which the president may proceed to fill by another 
appointment, which shall hold until the end of the next 
session of the senate. 

The next clause of this article states that the pres- 
ident shall "from time to time give to the congress 
information of the state of the Union, and recommend 
to their consideration such measures as he shall judge 
necessary and expedient." 

In accordance with this clause, it is the custom for 
the president to send a message to congress annually at 
the beginning of their session. Power is given by this 
section to the president to convene both houses, or 



POWERS OF THE PRESIDENT. 157 

either of them, whenever he shall choose, and in case 
they shall disagree on the matter of adjournment, that 
he may adjourn them. It is also provided that he shall 
receive ambassadors, and other public ministers, and 
" shall take care that the laws be faithfully executed, 
and shall commission all officers of the United States." 

Section 4. " The president, vice-president, and all 
civil officers of the United States, shall be removed from 
office on impeachment for, and conviction of treason, brib- 
ery, or other high crimes and misdemeanors ." 

This limits the power of impeachment to the presi- 
dent, the vice-president, and all civil officers of the 
United States, and if any such officer shall be impeached 
by the house, and tried by the senate and convicted, he 
is necessarily removed from the office. It does not even 
require a vote to remove him. His conviction on im- 
peachment at once deprives him of the office. 

Heads of departments have already been alluded to in 
the constitution. By various acts of congress, the execu- 
tive and administrative business of the government has 
been distributed among several executive departments. 
There are now eight of these, namely : — 

(1) The department of state. 

(2) The department of the treasury. 

(3) The department of war. 

(4) The department of the navy. 

(5) The department of the post-office. 

(6) The department of the interior. 

(7) The department of justice. 

(8) The department of agriculture. 

These executive departments will be considered under 
Part III. 



CHAPTER X. 

THE JUDICIAL DEPARTMENT. ARTICLE III. 

We have seen that the first article of the constitution 
treats of the legislative department, and the second 
article of the executive department. We now proceed 
to consider the third article, which relates to the judicial 
department. 

Section i. " The judicial pozver of the United States 
shall be vested in one supreme court, and in such inferior 
courts as the congress may from time to time ordain and 
establish. The judges, both of the supreme and inferior 
courts, shall hold their offices during good behavior, and 
shall, at stated times, receive for their services a compen- 
sation which shall not be diminished during their continu- 
ance in office!' 

The principal courts of the United States are : — 

(i) The supreme court. 

(2) The circuit court. 

(3) The district court.* 
Besides these there are : — 

(1) Courts of claims, established in 1855. 

(2) Supreme court of the District of Columbia. 

(3) Supreme courts in the territories. 

(4) District courts in the territories. 

Of these latter it is not necessary here to speak. 
The supreme court at the present time consists of a 
chief justice and eight associate justices. These nine 

* In 1 891 Congress established a new court, called the Circuit Court of 
Appeals, with circuits and judges corresponding to the Circuit Court. 



THE JUDICIAL POWER. 159 

justices correspond to the number of circuits, and one 
of them is assigned to each circuit. There are nine 
circuit courts, with nine judges of these courts. Ap- 
peals may be taken from the circuit court to the supreme 
court. These circuit courts are again divided into dis- 
tricts, every state having at least one district court. 
Some of the larger states are divided into two and 
three districts. 

The salaries of the district judges vary from thirty- 
five hundred dollars to five thousand dollars. The 
judges of the circuit courts receive a salary of six thou- 
sand dollars. The associate justices of the supreme 
court have a salary of ten thousand dollars, and the 
chief justice of this court receives ten thousand five 
hundred dollars. 

Section 2, Clause i. " The judicial power shall 
extend to all cases in law and equity arising under this 
constitution, the laws of the United States, and treaties 
made under their authority ; to all cases affecting ambas- 
sadors) other public ministers, and consuls ; to all cases 
of admiralty and maritime jurisdiction ; to controversies 
between two or more states ; between a state and citizens 
of another state ; between citizens of different states ; be- 
tween citizens of the same state, claiming lands under 
grants of different states, and between a state, or the citi- 
zens thereof, and foreign states, citizens, or subjects!' 

Only certain kinds of cases can be brought before the 
United States courts. These courts have jurisdiction 
in the following cases : — 

(1) All cases in law and equity arising under the con- 
stitution, the laws of the United States, and treaties 
made, or which shall be made, under their authority. 



160 THE JUDICIAL DEPARTMENT. 

(2) All cases affecting ambassadors, other public min- 
isters, and consuls. 

(3) All cases of admiralty and maritime jurisdiction. 

(4) Controversies to which the United States shall 
be a party. 

(5) Controversies between two or more states. 

(6) Controversies between a state and the citizens of 
another state. 

(7) Controversies between citizens of different states. 

(8) Controversies between citizens of the same state 
claiming lands under grants of different states. 

(9) Controversies between a state, or the citizens 
thereof, and foreign states, citizens, or subjects. 

The judicial power of the United States is here ex- 
tended (see 6) to controversies between a state and citi- 
zens of another state. This clause gave much discus- 
sion at the time the constitution was adopted, and the 
states were unwilling to be subjected to law suits 
brought by citizens of other states. Accordingly, an 
amendment to the constitution was proposed, and on 
the 8th of January, 1798, the president announced to the 
congress that the amendment had been adopted by 
three-fourths of the states, and was, therefore, a part of 
the constitution. This constitutes the eleventh of the 
amendments, and is as follows : — 

" The judicial power of the United States shall not be 
construed to extend to any suit in law, commenced or prose- 
cuted against one of the United States by citizens of another 
state, or by citizens or subjects of any foreign state" 

Such cases must be brought before the state courts. 

Clause 3. " The trial of all crimes, except in cases of 
impeachment, shall be by jury ; and such trial shall be 



TREASON. l6l 

held in the state where the said crimes shall have been 
committed ; but when not committed within any state, the 
trial shall be at such place or places as the congress may 
by law have directed." 

A jury consists of twelve men, selected according to 
law, to determine matters of fact in a legal trial. The 
right of trial by a jury of one's peers was a right highly 
esteemed by the people of Great Britain, which they a 
long time ago compelled their king to yield to them. 
This right is here made a part of the constitution of 
our country, and although not yielding all the good 
fruit which might be desired, yet is considered as one 
of the guarantees of a fair trial to any one accused of 
crime. 

This clause also provides that all trials for crime shall 
be held in the state where such crime has been com- 
mitted. 

Section 3, Clause i. " Treason against the United 
States shall consist only in levying war against them, or 
in adhering to their enemies, giving them aid and com- 
fort. No person shall be convicted of treason unless on 
the testimony of two witnesses to the same overt act, or on 
confession in open court!' 

This clause defines treason as consisting of only two 
things, — 

(1) In levying war against the United States. 

(2) In adhering to their enemies, giving them aid and 
comfort, and it provides that " no person shall be con- 
victed of treason unless on the testimony of two wit- 
nesses to the same overt act, or on confession in open 
court." 

Clause 2. " The congress shall have the power to 



1 62 THE JUDICIAL DEPARTMENT. 

declare the punishment of treason ; but no attainder of 
treason shall work corruption of blood, or forfeiture y 
except during the life of the person attainted!' 

The terms here used refer to an English custom. 
The old English law provided certain consequences as 
to the mode of execution of one who had been convicted 
of treason. He was to be put to death in a cruel man- 
ner, and his conviction involved what was called attain- 
der, and this worked corruption of blood, or forfeiture. 

There was no judgment of attainder, but the attainder 
was incident to the conviction as a matter of course. 
This attainder, as a natural consequence, was supposed 
to include corruption of blood, or forfeiture. His prop- 
erty of every kind was forfeited. His children could 
not inherit property from his ancestors through him. 
What was termed " corruption of blood " destroyed the 
power to inherit property. 

Our constitution prescribes that the offender himself 
shall bear the punishment. It shall not descend to his 
children. There may be forfeiture, but this is rather 
in the nature of a fine, made at his conviction, This 
clause does not mean that the forfeiture shall extend 
only during the life of the person. The forfeiture or 
fine once made, of course the property or fine goes to 
the government permanently and not temporarily. 



CHAPTER XI. 

MISCELLANEOUS PROVISIONS. 

Article IV. — The first section of this article states, 
that "full faith and credit shall be given to the public 
acts, records, and judicial proceedings of every other 
state, and the congress, may, by general laws prescribe 
the manner in which said acts, records, and proceedings 
shall be proved, and the effect thereof." 

(i) "Full faith and credit/' By these words are 
meant that the other state shall give the same credit, 
which the state itself gives to the acts, etc., when these 
have been proven. 

(2) " Public acts." By these are meant the laws of 
the state, or the action of the legislature. 

(3) "Records." These refer to general matters of 
legal record, such as laws, real estate records, legislative 
journals, etc. 

(4) "Judicial proceedings." The reference here is 
to the acts of the courts, judgments, orders, proceed- 
ings. In obedience to the last part of the clause, con- 
gress, at an early date passed an act specifying that the 
acts of the legislature of a state shall be authenticated 
by its seal. The same act also specifies the form of 
proof necessary for the records of a court, and the 
attestation of the clerk together with the certificate of 
the judge. Such records and proceedings must receive 
full faith and credit in the courts of other states. 



1 64 MISCELLANEOUS PROVISIONS. 

The second section of this article directs, that "the cit- 
izens of each state shall be entitled to all the privileges 
and immunities of citizens in the several states." This 
section also has the following clause : — 

Clause 2. "A person charged in any state with treason, 
felony, or other crime, who shall flee from justice and be 
found in another state, shall, on demand of the executive 
authority of the state from which he fled, be delivered up to 
be removed to the state having jurisdiction of the crime" 

A fugitive from justice may be arrested and retained 
prior to the demand of the governor. Some of the 
nations have treaties with each other by which a fugi- 
tive from justice, who has escaped from one to another 
of these nations, must be given up on demand. This is 
called extradition. This term is sometimes applied to 
the giving up of a fugitive from justice, by the governor 
of one state, on request of the governor of another state, 
but strictly speaking, extradition is international. The 
interstate surrender is not extradition. 

The third clause of this section provides that persons 
"held to service or labor" under the laws of one state 
escaping into another must be delivered up. This is 
the famous fugitive-slave clause which has figured so 
conspicuously in the history of this nation, but happily 
has no bearing upon present affairs, since the slaves 
have been emancipated throughout the entire nation. 

Section 3, Clause i. "New states may be admitted 
by the congress into this union; but no new state shall 
be formed or erected within the jurisdiction of any other 
state, nor any state be formed by the junction of two or 
more states, withottt the consent of the legislatures of the 
states concerned, as well as of the congress" 



FREE AND SLAVE STATES. 165 

It is interesting here to observe how the balance of 
power was for so long a time kept up in the United 
States senate between the free states and the slave 
states. 

Seven of the thirteen original states were free states 
at the time of the adoption of the constitution, and six 
of them were slave states. The first added state was 
Vermont, a free state, which was admitted into the 
union by an act of congress in 1791. 

In 1792, Kentucky, a slave state, was admitted. 

In 1796, Tennessee, a slave state, was admitted. 

We began the century, therefore, with eight free states 
and eight slave states. 

In 1802, Ohio, a free state, was admitted. 

In 18 1 2, Louisiana, a slave state, was admitted. 

In 1 8 16, Indiana, a free state, was admitted. 

In 1817, Mississippi, a slave state, was admitted. 

In 18 1 8, Illinois, a free state, was admitted. 

In 1 8 19, Alabama, a slave state, was admitted. 

In 1820, Maine, a free state, was admitted. 

In 1 82 1, Missouri, a slave state, was admitted. 

In 1836, Arkansas, a slave state, was admitted. 

In 1837, Michigan, a free state, was admitted. 

In 1845, Florida, a slave state, was admitted. 

In 1845, Texas, a slave state, was admitted. 

In 1846, Iowa, a free state, was admitted. 

In 1848, Wisconsin, a free state, was admitted. 

It thus appears that for half a century, up to 1850, 
the balance of power had been preserved in the senate, 
by the admission of an equal number of free states and 
slave states. 

There had been a severe contest on the admission of 



1 66 MISCELLANEOUS PROVISIONS. 

Missouri, which finally resulted in what is known as the 
" Missouri Compromise," by which that state came in as a 
slave state, with the proviso passed by congress that 
north of its southern line no more slave states should be 
admitted. 

The breadth of the northern country was much greater 
than that of the southern section. The opportunity, 
therefore, for the admission of northern states, which 
would be likely to be free states, was greater than for 
the admission of southern states, which would probably 
be slave states ; hence those efforts were made, which in 
1845 resulted in the annexation of Texas to this coun- 
try. The republic of Texas when annexed to the United 
States contained about 300,000 square miles, a territory 
larger than that of France, or Spain, or Italy, or the 
present German Empire. Here was a territory out of 
which many southern states in time might be carved. It 
is a little singular that to this day Texas remains intact, 
except that a portion of its western land was purchased 
by the United States long since, and afterwards annexed 
to the territory of New Mexico. 

After the purchase of New Mexico and California, at 
the close of the Mexican War, the South had a wide ex- 
tent of new territory, and California was the first state 
from this territory to form a constitution and ask to be 
admitted to the union. The influx of population, after 
the discovery of gold in that distant region, had proved 
to be more largely from the North than from the South. 
This resulted in the formation of a free state constitution. 

In 1850, California, a free state, was admitted. 

In 1858, Minnesota, a free state, was admitted. 

In 1859, Oregon, a free state, was admitted. 



THE TERRITORIES. iQy 

Then came the severe contest upon the "Kansas- 
Nebraska Bill" so called, introduced by Mr. Douglas. 
This finally resulted in the admission of Kansas in 1861 
as a free state. During the war, West Virginia was ad- 
mitted in 1863, and Nevada was admitted in 1864. 
Slavery was abolished by an amendment to the consti- 
tution, and thus this contest was finally ended. 

Nebraska was admitted in 1867, and Colorado in 1876. 
In 1889, North Dakota, South Dakota, Montana, and 
Washington. In 1890, Idaho and Wyoming. 

Clause 2. " The congress shall have power to dispose 
of, and make all needful rules and regulations, respecting 
the territory or other property belonging to the United 
States, and nothing in this constitution shall be so con- 
strued as to prejudice any claims of the United States, or 
of any particular state. y ' - 

This clause will receive attention in another place. 

Section 4. " The United States shall guarantee to 
every state in this Union a republican form of govern- 
ment, and shall protect each of them against invasion, and, 
on application of the legislature, or of the executive when 
the legislature cannot be convened, against domestic vio- 
lence?' 

By this section a republican government is made obli- 
gatory upon all the states. No particular department of 
the United States government is charged with this duty. 
It would seem reasonable that congress should decide 
what government is the established one in a state, and 
this has been sanctioned by a decision of the supreme 
court. It would seem necessary also that the president, 
as the executive officer of the national government, and 
commander-in-chief of the armies of the nation, should 



X 68 MISCELLANEOUS PROVISIONS. 

see that the provisions of this section should be en- 
forced. 

Article V. This article treats of the mode of 
amending the constitution : — 

" The congress, whenever two-thirds of both houses shall 
deem it necessary, shall propose amendments to this consti- 
tution, or, on the application of the legislature of two-thirds 
of the several states, shall call a convention for proposing 
amendments, which, in either case, shall be valid to all 
intents and purposes, as part of this constitution, when 
ratified by the legislatures of three-fourths of the several 
states, or by the conventions in three-fourths thereof, as 
the one or the other mode of ratification may be proposed 
by congress: provided that no amendment which may be 
made prior to the year one thousand eight hundred and 
eight shall in any manner affect the first and fourth clauses 
in the ninth section of the first article, and that no state, 
without its consent, shall be deprived of its equal suffrage 
in the senate." 

Two modes of proposing amendments are here given, 
and there may be two modes of ratification. 

(i) Amendments to the constitution may be proposed 
to the several states by a two-thirds vote of both houses 
in congress. 

(2) Amendments may be proposed by a convention, 
on the application of the legislatures of two-thirds of the 
states. 

Whenever amendments have been proposed to the 
states by either of these methods, there are two ways in 
which they may be ratified : — 

(1) By the legislatures of three-fourths of the several 
states. 



RATIFICATION AND AMENDMENTS. 



I69 



(2) By conventions in three-fourths of the several 
states, as the one or the other mode of ratification may 
be proposed by congress. As a matter of fact, all the 
amendments which have been hitherto made have been 
proposed to the states by congress, and they have all 
been ratified by the legislatures. It is probable that this 
method, which has proved satisfactory in the past, will 
not be departed from in the future. 

Article VI. This article contains several provisions 
upon miscellaneous subjects, among which the following 
is of the most consequence : — 

Clause 2. " This constitution, and the laws of the 
United States which shall be made in pursuance thereof, 
and all treaties made, or which shall be made, under the 
authority of the United States, shall be the supreme law 
of the land ; and the judges of every state shall be bound 
thereby, anything in the constitution or laws of any state 
to the contrary notwithstanding!' 

This clause is of paramount importance in showing 
that the government of the United States is supreme, 
and must be, not merely over the people, but the land, 
the country, and all places belonging to this nation. 
The constitution, laws, and treaties are here made the 
supreme law of the land, and the statement is explicit 
and emphatic, that "the judges of every state shall be 
bound thereby, anything in the constitution or laws of 
any state to the contrary notwithstanding. 

Article VII. " The ratification of the conventions of 
nine states shall be sufficient for the establishment of this 
constitutio7t between the states so ratifying the same" 

As a matter of fact, the adoption of this constitution 
was a peaceful revolution. 



l 7 o MISCELLANEOUS PROVISIONS. 

The articles of confederation provided as follows : 
" And the articles of this confederation shall be invio- 
lably observed by every state, and the union shall be 
perpetual ; nor shall any alteration at any time hereafter 
be made in any of them, unless such alteration be agreed 
to in a congress of the United States, and be afterwards 
confirmed by the legislatures of every state." 

They further provide " That the articles thereof shall 
be inviolably observed by the states they respectively 
represent, and that the union shall be perpetual. n 

Contrary then to these provisions of the articles of 
confederation which were emphatically the supreme law 
of the land, this constitution should go into effect be- 
tween nine states as soon as ratified by that number. 



CHAPTER XII. 

THE AMENDMENTS TO THE CONSTITUTION. 

Conventions were called in the several states to dis- 
cuss, and adopt or reject, this constitution. After a 
time it was adopted by all of the thirteen original states, 
yet in several conventions there was a strong desire for 
certain modifications to satisfy the evident will of the 
people. 

Congress, at its first session under the constitution, 
proposed to the states twelve articles of amendments. 
Of these twelve articles, ten were ratified by the legis- 
latures of three-fourths of the states, and became part 
and parcel of the constitution from the fifteenth day of 
December, 1791. These amendments constitute the 
first ten of the amendments to the constitution. They, 
in general, relate to the rights of the people, and to 
limitations of government. (The teacher is advised 
to turn back to the constitution and read these amend- 
ments, discussing them in an informal way with the 
class.) 

The eleventh amendment was proposed at the first 
session of the third congress, in 1794, and was declared 
adopted as a part of the constitution Jan. 8, 1798. It is 
as follows : — 

Article XI. " The judicial power of the United 
States shall not be construed to extend to any suit in law 
or equity \ commenced or prosecuted against one of the 



1 72 AMENDMENTS TO THE CONSTITUTION. 

United States by citizens of another state, or by citizens 
or subjects of any foreign state." 

The twelfth amendment relates to the manner of elect- 
ing president and vice-president, and has already been 
considered. It was proposed at the first session of the 
eighth congress, in 1803, and was adopted by the requi- 
site number of states the next year. At present there 
are three other amendments, the thirteenth, fourteenth, 
and fifteenth, all of which have grown out of the civil war. 

Article XIII. Section i. " Neither slavery nor in- 
voluntary servitude, except as a punishment for crime, 
whereof the party shall have been duly convicted, shall 
exist within the United States, or any place subject to 
their jurisdiction. ' ' 

Section 2. " Congress shall have power to enforce this 
article by appropriate legislation." 

This amendment was proposed by congress in 1865, 
and ratified by the constitutional number of states the 
same year. 

Article XIV. Section i. "All persons born or natu- 
ralized in the United States, and subject to the jurisdiction 
thereof, are citizens of the United States and of the state 
wherein they reside. No state shall make or enforce any 
law which shall abridge the privileges or immunities of 
citizens of the United States ; nor shall any state deprive 
any person of life, liberty, or property without due process 
of law, nor deny to any person within its jurisdiction the 
equal protection of the laws." 

Section 2. " Representatives shall be apportioned 
among the several states according to their respective 
numbers, counting the whole number of persons in each 
state, excluding Indians not taxed. But when the right 



THE FOURTEENTH AMENDMENT. 173 

to vote at any election for the choice of electors for 
president and vice-president of the United States, repre- 
sentatives in congress, the executive and judicial officers 
of a state, or the members of the legislature thereof is 
denied to any of the male inhabitants of such state being 
twenty -one years of age, and citizens of the United States, 
or in any way abridged, except for participation in rebel- 
lion or other crime, the basis of representation therein shall 
be reduced in the proportion which the number of such 
male citizens shall bear to the whole number of male citi- 
zens twenty-one years of age in such state." 

Section 3. " No person shall be a senator or represen- 
tative in congress, or elector of president and vice-presi- 
dent, or hold any office, civil or military, under the United 
States, or tinder any state, who, having previously taken 
an oath as a member of congress, or as an officer of the 
United States, or as a member of any state legislature, or 
as an executive or judicial officer of any state, to support 
the constitution of the United States, shall have engaged 
in insurrection or rebellion against the same, or given aid 
or comfort to the enemies thereof. But congress may, by a 
vote of two-thirds of each house, remove such disability." 

Section 4. " The validity of the public debt of the 
United States, authorized by law, including debts in- 
curred for payment of pensions and bounties for services 
in suppressing insurrection or rebellion, shall not be ques- 
tioned. But neither the United States nor any state shall 
assume or pay any debt or obligation incurred in aid of 
insurrection or rebellion against the United States, or any 
claim for loss or emancipation of any slave ; but all such 
debts, obligations and claims shall be held illegal and 
void." 



174 AMENDMENTS TO THE CONSTITUTION. 

Section 5. " The congress shall have power to enforce, 
by appropriate legislation, the provisions of this article." 

This amendment was proposed by congress in 1866, 
and was declared to be a part of the constitution in 
July, 1868. It need not be further discussed here. 

Article XV., Section i. " The right of citizens of 
the United States to vote shall not be denied or abridged 
by the United States or by any state on account of race, 
color, or previous condition of servitude" 

Section 2. " The congress shall have power to enforce 
this article by appropriate legislation." 

The object of this article was to secure suffrage to 
the colored race, especially to the freedmen of the 
South. It specifies three points in respect to which the 
right of citizens of the United States to vote, shall not 
be denied or abridged, either by the national or state 
governments : — 

(1) On account of race. 

(2) On account of color. 

(3) On account of previous condition of servitude. 

It was at first proposed to add two other points, 
nativity and religion, but these were stricken out before 
the proposed amendment was sanctioned by congress. 

This amendment was proposed by congress in 1869, 
and was declared to be ratified in 1870. 

Putting the Constitution into Operation. — In 
July, 1788, a committee was appointed by the con- 
gress to report an act for putting the constitution into 
operation. This committee reported an act which was 
adopted on the 13th of September, as follows : — 

" Resolved, that the first Wednesday in January next 
be the day of appointing electors in the several states, 



THE GOVERNMENT IN OPERATION 



175 



which, before the said day shall have ratified the said 
constitution ; that the first Wednesday in February next 
be the day for the electors to assemble in their respective 
states, and vote for a president ; and that the first Wednes- 
day in March next be the time, and the present seat of con- 
gress the place ', for commencing proceedings under the said 
constitution!' 

The first Wednesday in March, 1789, happened to be 
the fourth day of the month, and as one presidential 
term and two congresses occupied, by the constitution, 
exactly four years, it follows that the inauguration of the 
president is to take place on the fourth day of March 
every fourth year, beginning with 1789. 

Washington was elected president by unanimous 
vote. John Adams was declared elected vice-president, 
and the new government went into operation quietly 
and with the general sanction of the people of the 
country. It is not a little remarkable that the first 
president should have been elected unanimously, and 
re-elected unanimously. No president since his day 
has received a unanimous vote of all the electors. 



Part III. 



CHAPTER I. 

THE GOVERNMENT UNDER THE CONSTITUTION : ITS 
HISTORY AND PRACTICAL OPERATION. 

The Legislative Department. — We have seen 
that the government is practically divided into three de- 
partments. Of these the legislative department is in 
some respects of primary importance. This department 
is organized in two houses, the senate and house of rep- 
resentatives. 

The representatives are elected by the people of their 
several districts for the term of two years. 

The state is divided into as many districts as it is en- 
titled to representatives in congress. Each of these is 
termed a congressional district. The people of that dis- 
trict elect one member to congress. The senators are 
elected by the state legislatures, and hold their office for 
six years. No state elects its two senators at the same 
time. One senator is elected within the year preceding 
the beginning of his term, and the other senator from 
that state is elected either two or four years later. 

We have seen that the compensation of members of 
congress and senators is the same, five thousand dollars 
a year ; with mileage at the rate of twenty cents a mile, 
in going and returning. 



^8 GOVERNMENT UNDER THE CONSTITUTION. 

The Senate. — The vice-president of the United 
States is the presiding officer of the senate, under the 
name of president of the senate. He has no vote unless 
the senate is equally divided ; in that case he has a cast- 
ing vote. Many consider this a mistake, since it operates 
only in one way, and that in the wrong direction. If the 
senate is equally divided and there is not a majority in 
favor of the bill, it ought to fail. If the casting vote of 
the vice-president, who is not a member of the senate, is 
thrown in favor of the bill, then he makes the law. If 
it is thrown against the bill it has no influence whatever, 
since the bill would have failed equally if he had not 
voted. 

The president of the senate signs all bills and resolu- 
tions that are passed by the senate. His salary is eight 
thousand dollars. 

The constitution makes no provision for the succession 
to the vice-presidency. If the vice-president dies, or if 
he succeeds to the presidency, the senate chooses a pres- 
ident pro tempore ; but strictly this does not constitute 
him vice-president, although that term has been frequent- 
ly applied in such cases, and may by force of precedent 
come to be an established usage. The constitution, 
however, is silent in reference to this matter, and no law 
has been passed by congress for filling the vacancy in 
the office of vice-president. 

Several vacancies have occurred in this office ; the first 
was occasioned by the death of George Clinton in 1812, 
during the first term of Madison's administration. John 
C. Calhoun resigned as vice-president in December, 1832. 
This was during the troublous days of nullification in 
South Carolina, when Mr. Calhoun preferred to be on the 



THE LEGISLATIVE DEPARTMENT 



179 



floor of the senate, as a member, rather than in the chair 
as presiding officer. He therefore resigned, and was im- 
mediately elected senator. A vacancy was occasioned 
by the death of President Harrison in 1841, when John 
Tyler, the vice-president, became president. Again, on 
the death of President Taylor in 1850, Millard Fillmore 
became president, and the office of vice-president was 
vacant. 

William R. King was elected vice-president for the 
four years beginning March 4, 1853; at that date he was 
in ill health and out of the country. It is understood, 
however, that he took the oath of office, March 4, 1853, 
before a United States consul. He died the 18th of 
April following. 

Andrew Johnson, by the death of President Lincoln, 
became president in 1865, and the vice-presidency was 
vacant then for nearly four years. Henry Wilson died 
in 1875, and the office was vacant until March 4, 1877. 
The other officers of the senate, with their salaries, are 
as follows : — 

(1) The secretary of the senate, salary four thousand 
eight hundred and ninety-six dollars. 

(2) The sergeant-at-arms, salary four thousand three 
hundred and twenty dollars. 

(3) Chaplain, salary nine hundred dollars. 

House of Representatives. — The presiding officer 
is called the speaker of the house. Like the president 
of the senate pro tempore, the speaker is a member of 
the body over which he presides, and has a vote on all 
questions. It is his duty to sign all bills and resolutions 
passed by the house. 

In the senate, the standing committees are elected 



180 GOVERNMENT UNDER THE CONSTITUTION. 

from the floor by ballot. In the house the speaker ap- 
points the committees. 

The speaker has the right to vote on all questions, 
but he is required to vote in case of a ballot. His salary- 
is the same as the president of the senate : eight thousand 
dollars. The other officers of the house, with their sal- 
aries, are as follows : — 

(i) The clerk, salary four thousand five hundred dollars. 

(2) Sergeant-at-arms, salary four thousand dollars. 

(3) Door-keeper, salary two thousand five hundred 
dollars. 

(4) Chaplain, salary nine hundred dollars. 

The senate usually has twenty-eight standing commit- 
tees, besides several select and joint committees. The 
house usually has forty-three standing committees. A 
standing committee in the senate usually has nine mem- 
bers, and in the house eleven members. There are three 
joint committees: — 

(1) On public printing. 

(2) Enrolled bills. 

(3) On library. 

These consist of three members from each house. 
•< All bills for raising revenue " must originate in the 
house. Hence the senate has no committee on ways 
and means. This committee in the house is regarded 
as the most important committee, and the chairman is 
next in honor to the speaker of the house. The most 
important committees are those on : — 

Ways and means. Public expenditures. 

Appropriations. Naval affairs. 

Judiciary. Territories. 

Foreign relations. Military affairs. 



THE EXECUTIVE DEPARTMENTS. 181 

Elections. Mines and mining. 

Banking and currency. Freedmen's affairs. 

Commerce. Education and labor. 

Post-office. Revision of the laws. 

Claims. Patents. 

Pacific railroads. Public buildings. 

Indian affairs. Pensions. 

Public lands. Agriculture. 

District of Columbia. Manufactures. 

In discussing a question it is often customary for the 
house to resolve itself into a committee of the whole. 
This gives opportunity for free discussion, without the 
restraint which the strict rules of the house imposes. 
When the house resolves itself into a committee of the 
whole, the speaker leaves the chair, and a chairman is 
appointed. When the discussion closes the committee 
rises, the speaker resumes the chair, and the chairman 
reports its proceedings to the house. 

The Executive Departments. — It is a wise provis- 
ion of the constitution which places the full executive 
power in the hands of one man. The constitution makes 
no provision for a cabinet, but it gives the president 
authority to " require the opinion in writing of the prin- 
cipal officer in each of the executive departments, upon 
any subject relating to the duties of their respective 
offices." 

This presupposes that executive departments will be 
established in order that the various and multiform duties 
which pertain to the several divisions of the executive 
work of the national government shall be systematically 
and efficiently attended to. 

The various executive departments have been estab- 



1 82 GOVERNMENT UNDER THE CONSTITUTION. 

lished by law. These are now eight in number : — 
(i) The department of state. 

(2) The department of the treasury. 

(3) The department of war. 

(4) The department of the navy. 

(5) The department of the post-office. 

(6) The department of the interior. 

(7) The department of justice. 

(8) The department of agriculture. 

The heads of these eight departments constitute the 
president's cabinet. Their official titles are as follows : — 

(1) The secretary of state. 

(2) The secretary of the treasury. 

(3) The secretary of war. 

(4) The secretary of the navy. 

(5) The postmaster-general. 

(6) The secretary of the interior. 

(7) The attorney-general, 

(8) The secretary of agriculture. 

For the efficient management of the business, several 
of these departments are subdivided into bureaus. 

All the heads of departments are appointed by the 
president, by and with the advice and consent of the 
senate. The salaries of these officers are eight thousand 
dollars a year each. 

The Department of State. — This was originally 
styled the department of foreign affairs. The name was 
soon changed to the department of state. The secretary 
of state is generally considered as the highest officer in 
rank of the executive departments under the president. 
It is his duty to keep the seal of the United States, and 
to affix it to all commissions issued by the president. 



-wrii.; 




THE DEPARTMENT OF STATE. 183 

He issues all proclamations in the name of the presi- 
dent, and furnishes copies of papers and records of his 
office when required. 

He keeps the correspondence with foreign powers, 
and it is his special province, also, to preserve the origi- 
nal of all laws, public documents, and treaties with 
foreign powers. It is also his duty to conduct the 
correspondence with our ministers and consuls to other 
countries, with foreign ministers accredited to our gov- 
ernment, and to him is confided the general charge of 
our foreign relations. He issues passports to our citi- 
zens visiting foreign countries, and it is his duty to issue 
warrants for the extradition of criminals to be delivered 
up to foreign governments. 

The department of state has a diplomatic bureau, con- 
sular bureau, and a domestic bureau. 

Public Ministers and Consuls. — All persons who 
are sent abroad to represent our government are con- 
nected with the department of state. 

The different ranks of our ministers are as follows : — 

(1) Ambassadors. 

(2) Envoys extraordinary and ministers plenipoten- 
tiary. 

(3) Ministers resident. 

(4) Charges d" affaires. 

(5) Secretaries of legation. 

The ambassador, and the envoy extraordinary, and 
ministers plenipotentiary have the same pay, and appear 
to be of equal rank. Strictly speaking, we never send 
ambassadors to foreign governments. 

Envoys extraordinary and ministers plenipotentiary 
are sent to thirteen governments. Four are of the 



1 84 GOVERNMENT UNDER THE CONSTITUTION-. 

first rank, namely : Great Britain, the German Empire, 
France, and Russia. Seven are of the second rank, 
namely : Mexico, Brazil, Spain, Italy, Austria, China, 
and Japan. Two are of the third rank, namely : Chili 
and Peru. The salaries of these ministers range from 
ten thousand dollars to seventeen thousand five hundred 
dollars a year. 

Ministers resident are sent to the Argentine Republic, 
Venezuela, Hawaiian Islands, Belgium, Netherlands, 
Sweden, and Norway. These officers receive seven 
thousand five hundred dollars a year. Our government 
sends one minister resident to the countries of Gaute- 
mala, Costa Rica, Honduras, Salvador, and Nicaragua. 
This officer has a salary of ten thousand dollars. Our 
minister to Hayti receives a salary of seven thousand 
five hundred dollars, and is termed a minister resident 
and consul-general. Our minister resident to Liberia 
has four thousand dollars a year. 

Charges d'affaires receive five thousand dollars each, 
and are sent to various countries of inferior rank. 

The secretary of legation is the clerk to the foreign 
embassy. Consuls are not diplomatic agents of our gov- 
ernment, but commercial agents residing abroad, whose 
duty it is to watch over the interests of our commerce 
and our citizens, in the ports of the different countries. 
It is their duty also to protect the rights of our seamen. 
We have at the present time, in foreign ports, fifteen or 
twenty consuls-general and commercial agents. Their 
salaries range from one thousand dollars to six thousand 
dollars per annum. Many consuls are principally paid 
by fees. 

The Treasury Department. — Of late years the 



THE TREASURY DEPARTMENT. 185 

importance of this department has greatly increased. 
During the civil war the government issued bank bills, 
termed greenbacks, and established a system of national 
banks, which have increased materially the number of 
officers and employees in this department. Under the 
secretary of the treasury are the following officers : — 

(1) The comptroller. 

(2) Auditor. 

(3) Treasurer. 

(4) Register. 

(5) Assistant secretary. ' 

This department has charge of the management of the 
revenue, superintends its collection, and grants warrants 
for money to be issued from the treasury, in pursuance 
of appropriations made by law, and generally performs 
all needful services relative to the finances of our coun- 
try. There are various bureaus in the treasury depart* 
ment, as : — 



1 

2 

3 

4 

5 
6 

7 
8 

(9 
(10 

(11 
(12 

(13 
(14 



The bureau of the first comptroller. 
The bureau of the second comptroller. 
The bureau of the first auditor. 
The bureau of the second auditor. 
The bureau of the third auditor. 
The bureau of the fourth auditor. 
The bureau of the fifth auditor. 
The bureau of the sixth auditor. 
Treasurer. 
Register. 

Commissioner of customs. 
Comptroller of currency. 
Commissioner of internal revenue. 
Bureau of statistics. 



1 86 . GOVERNMENT UNDER THE CONSTITUTION. 

(15) The mint. 

(16) Bureau of engraving and printing. 

The office of the coast survey is connected with the 
treasury department. This office prepares charts from 
actual surveys of the seacoast of the United States. 

The surveys of the Great Lakes are under the control 
of the war department. 

The light-houses of the United States were formerly 
under the control of the treasury department, but since 
1852 this branch has been committed "to the light-house 
board of the United States/' 

This board consists of three officers of the army, three 
of the navy, and two civilians, noted for their scientific 
attainments, with the secretary of the treasury president 
of the board ex officio. This board has in charge more 
than one thousand light-houses, besides light vessels, 
beacons, and buoys innumerable. 

Under this department also is the supervising archi- 
tect, who has general charge of the plans and the con- 
struction of all United States buildings ; such as custom- 
houses, court-houses, post-offices, etc. 

The War Department. — This department has 
various subdivisions, as follows: — 

(1) The office of the adjutant-general. 

(2) The office of the quartermaster-general. 

(3) The office of the commissary -general. 

(4) The office of the postmaster-general. 

(5) The office of the chief of engineers. 

(6) The ordinance office. 

(7) The signal office. 

(8) The bureau of military justice. 

These several divisions will be understood from their 



THE WAR DEPARTMENT. 187 

titles. The bureau of military justice is in charge of an 
officer with the rank of a brigadier-general, called a 
j udge-advocate-general. 

The war department has the supervision of the 
United States military academy at West Point. This 
school for the education of officers for the army was 
established by the government in 1802. In 1886 the 
number of cadets authorized by congress was three hun- 
dred and forty-four. These are appointed as follows : — 

One from each congressional district, one from each 
of the organized territories, one from the District of 
Columbia, and ten from the United States at large. 
These all are appointed by the president, but each mem- 
ber of the national house of representatives nominates 
the candidate for his district ; the appointment is, how- 
ever, made by the president. The president has in his 
hands entirely the appointment of the ten candidates at 
large. The appointees must be not less than seventeen, 
nor more than twenty-two, years of age, and they are 
expected to serve in the army eight years, unless sooner 
discharged. 

The examination for admission to West Point is care- 
ful and accurate upon the elements of a good education. 
Thoroughness and accuracy are insisted upon in arith- 
metic, geography, English grammar, reading, writing, 
spelling, and the history of the United States. 

Of late years many congressmen, when an appointment 
is to be made from their district, hold a competitive ex- 
amination, and nominate for the position the one who in 
respect to his mental qualifications and scholarship, to- 
gether with his physical health, strength, and develop- 
ment, shall have passed the best examination. 



1 88 GOVERNMENT UNDER THE CONSTITUTION. 

The course of study at West Point is designed to give 
the best preparation for the duties of an officer in the 
army. Mathematics and careful training in the natural 
sciences are particularly insisted upon. The course of 
study is rigid and exact. The cadets are drilled, during 
their four years' course, in the three arms of the ser- 
vice. 

The superintendent and principal members of the fac- 
ulty are regular officers in the army. Each cadet receives 
an allowance, during his term of study, sufficient to pay 
his entire expenses : clothing, board, etc. The entire 
expense of the academy is met by the United States 
government. For this purpose an appropriation is made 
by congress annually of more than three hundred thou- 
sand dollars. 

The Department of the Navy. — By an act of 
congress, passed in 1862, eight bureaus were established 
in the navy department, as follows : — 
1) The bureau of yards and docks. 

[2) The bureau of equipment and recruiting. 

'3) The bureau of navigation. 

[4) The bureau of ordnance. 

[5) The bureau of medicine and surgery. 

[6) The bureau of provisions and clothing. 
'7) The bureau of steam engineering. 
[8) The bureau of construction and repairs. 

The government maintains a naval academy, which is 
established at Annapolis, similar to the military academy 
at West Point. 

The students in this academy as cadet-midshipmen 
must be not less than fourteen, nor over eighteen, years 
of age. One is authorized from each congressional dis- 



THE LAND -OFFICE. 1 89 

trict and from each territory, with ten at large as in the 
case of the military academy. 

The course embraces six years, and the student on 
graduating becomes midshipman, subject to promotion 
as vacancies occur. The entire cost of the naval acad- 
emy is met by the government, and requires an annual 
appropriation of two hundred thousand dollars or more. 

The Department of the Interior. — This depart- 
ment was not established until 1849. Under it are the 
patent-office, pension-office, the land-office, the bureau of 
Indian affairs, the science bureau, and the bureau of 
education. 

The Land-Office. — The chief officer of this bureau 
is styled the commissioner of the general land-office. 
Under the commissioner are the following officers : — 

(1) Surveyors-general. 

(2) Registers of land-offices. 

(3) Receivers of land-offices. 

Many years ago the United States adopted a system 
of survey for public land. This system provides that the 
immense tracts of western lands belonging to the United 
States government should be divided into ranges, town- 
ships, sections, and fractions of sections. The ranges are 
bounded by meridian lines six miles apart, and are num- 
bered from a standard or principal meridian east and 
west. These ranges are divided into townships of six 
miles square, and numbered from a given parallel north 
and south. 

The townships are divided into thirty-six sections, 
of one mile square, each of six hundred and forty 
acres. These sections are divided, as may be needed, 
into halves, quarters, and in some cases to sixteenths, 



190 



GOVERNMENT UNDER THE CONSTITUTION. 



The sections in a township are numbered as indicated 
in the following diagram : — 



6 


5 


4 


3 


2 


1 


7 


8 


9 


10 


11 


12 


18 


17 


16 


15 


14 


13 


19 


20 


21 


22 


23 


24 


30 


29 


28 


27 


26 


25 


31 


32 


33 


34 


35 


36 



This system of marking the division of lands makes 
the description of any individual trac'; very simple. 

If one should purchase a section, the deed would 
specify the number of the section, — in such a township 
and such a range ; or if a quarter-section were purchased, 
the description might be as follows : — 

The northeast quarter of section twenty-four, township 
seventeen north, range nine east of third principal meri- 
dian. The government sells this land and issues a patent, 
which is signed by a secretary appointed by the president, 
and also signed by a proper recorder of the land-office. 

The quarter-section is one hundred and sixty acres. 
These quarter-sections are divided into lots of forty acres 
each. If one lot was sold, it would be indicated as fol- 
lows : — 



THE POST-OFFICE DEPARTMENT. 



191 



The northwest quarter of northeast quarter of section 
seventeen. 







B 


A 






C 


D 



















Section 17, 



In the above diagram the description just given applies 
to lot B. 

The Post-Office Department. — Probably this is 
the oldest department under our government. Prior to 
the revolution the British government had established a 
system of mails through these colonies, and Dr. Benja- 
min Franklin was the superintendent of this system. 
In July, 1775, only a month later than the battle of Bun- 
ker Hill, Dr. Franklin received from the second conti- 
nental congress the appointment of postmaster-general 
of the united colonies. 

In September, 1789, the first congress under the con- 
stitution made provision for the establishment of the 
post-office system, and appointed a postmaster-general. 
As a matter of fact the federal government never passed 
an act establishing the post-office department. It was 
assumed to be in existence, and various acts were passed 
for regulating its management. There are three assist- 
ant postmasters-general. The first assistant is in charge 



1 92 GOVERNMENT UNDER THE CONSTITUTION 

of the appointment office, the second of the contract 
office, the third of the finance office. There is also a 
superintendent of foreign mails. 

The chief officer of the money-order bureau is styled 
the superintendent of the money-order system. 

Great improvements have been made, especially within 
twenty-five years past, in the management of postal 
affairs. Originally the mails were carried by mail-agents 
on horseback, with relays of horses at convenient places. 
Later they were generally carried on stage-coaches, and 
where there was no stage route by mail-wagons. 

At the present time the mails are principally carried 
by the railroads. Mail routes are designated in contracts 
made with the various railways by the post-office depart- 
ment, and a mail-car is attached to the train. A mail- 
agent appointed by the government, in charge of this car, 
receives, assorts, and delivers the mail-matter. For this 
purpose leather or canvas pouches are furnished by the 
government for mail-bags. The mail-agent has one or 
more of these pouches for every post-office on his line. 
While the train is in motion he assorts the mail-matter 
already received, places it in the proper pouch, and is 
ready to deliver it on arriving at the proper station. 
This pouch is taken by a mail-agent at the station, 
who carries it to the post-office and delivers it to the 
postmaster. Special postal locks are furnished by the 
government for the safe transportation and delivery of 
the mails. Stringent laws are in operation against rob- 
bing the mails. 

It will readily appear that great care, promptness, and 
accuracy is needed in assorting this mail-matter, and 
preparing it for delivery. Especially is this true of the 



THE POST-OFFICE DEPARTMENT. 193 

principal lines of railroad leading to large cities ; for ex- 
ample, between New Haven and New York, or between 
Philadelphia and New York; and a large number of mail- 
agents are required in the mail-cars, whose business it is 
to assort the mail-matter and deposit it in proper pouches, 
carefully marked, that on arrival at New York the mat- 
ter can at once be placed in the proper boxes in the post- 
office, and delivered with the least possible loss of time. 

Formerly in all large cities there were distributing 
post-offices. Into this department the mail-pouches had 
to be brought from all directions, which contained mat- 
ter to be forwarded to distant points. All this matter 
had to be overhauled, arranged, and put into the proper 
pouches for further transportation ; for example, at New 
York, mail-matter from New England, designed for the 
south and west, would be all poured out upon large ta- 
bles, assorted, divided, and thrown into proper pockets, 
for carrying to Philadelphia, Harrisburg, Baltimore, 
Washington, etc. ; while at the same time and at the 
same distributing office would be received the mails from 
the south and west, to be overhauled in like manner and 
forwarded to the east. 

Much time was consumed by this frequent change and 
examination of mail-matter. Time has now become so 
important a factor in the transaction of business, that 
every facility must be employed for the rapidity of trans- 
mission. Hence, most of the distributing offices have 
been abolished, and mail-pouches are now made up in 
Boston, New York, Philadelphia, and all large cities, 
to be forwarded through to the most distant points, like 
San Francisco, Portland, Oregon, Montreal, and Quebec. 

Cheap Postage. — Formerly, but within the recollec* 



194 GOVERNMENT UNDER THE CONSTITUTION 

tion of persons now living, it cost five cents to transmit 
an ordinary letter to any post-office within thirty miles, 
ten cents for a longer distance, and from that up to 
twenty-five cents across the continent. 

All postage was then paid by the receiver at the end 
of the route. Fifty years ago there was no pre-payment 
of postage, and between forty and fifty years ago a law 
was passed by congress establishing the postage of a 
single letter at three cents for any distance within our 
country, provided the sender should pay the postage ; 
if not prepaid, the postage should be five cents. 

In this way people became accustomed to pre-pay- 
ing postage, so that after a few years another act was 
passed by congress, requiring pre-payment of postage on 
all letters, establishing the rate at three cents for an or- 
dinary letter without regard to distance. At the present 
time the postage on letters not exceeding one ounce in 
weight is two cents to any part of our country, and in- 
cluding the British Provinces of North America. 

Some years ago a postal league was entered into by 
the principal civilized nations of the earth, establishing 
the uniform rate of five cents as the postage for all let- 
ters, of proper weight, from any one of the countries 
within the postal league to any other. 

The experiment of cheap postage, which was first in- 
troduced into Great Britain a generation or more ago, 
has proved entirely successful. In that country the 
contest for this improvement was severe and protracted. 
Rowland Hill and others devoted themselves with great 
energy to the philanthropic enterprise of bringing 
about this much-needed reform. 

When the reduction of rates had proved successful in 



THE DEPARTMENT OF JUSTICE. iq$ 

the mother country, it was quickly introduced by our 
government, and from time to time, as the rate of post- 
age has been diminished, it has been found that the 
receipts of the post-office department have increased. 
At the present time the post-office department more 
than pays for itself, excepting in the more sparsely 
populated districts of some sections of our country. 

The Department of Justice. — The office of attor- 
ney-general was created by the first congress in 1789, but 
the department of justice was not established until 1870. 
This officer, however, has always been recognized as 
a member of the cabinet. Under the attorney-general 
are : — 

The solicitor-general, four assistant attorney-generals, 
a solicitor of internal revenue, a naval solicitor, an exam- 
iner of claims, a solicitor of the treasury, and an assistant 
solicitor. 

All of these officers are appointed by the president 
and senate. Besides these officers, in this department 
are employed many persons as clerks, copyists, etc. 

Department of Agriculture. — In February, 1889, 
the bureau of agriculture, heretofore in the department 
of the interior, was by an act of congress made a sepa- 
rate department, the chief officer of which is the secre- 
tary of agriculture, who is a member of the cabinet. 
The growing interest in agriculture was a sufficient 
warrant for this action. 

Money and Banking. — We have already considered 
the coins of our country and the mints. Our money 
system is bi-metallic, both gold and silver coins being 
legal tender. The gold and silver coins are the ordinary 



196 



GOVERNMENT UNDER THE CONSTITUTION. 



and legitimate legal tender in payment of debts. This 
is customary among the nations generally. 

The rapid growth of our country, with the correspond- 
ing increase of business and population, has made it 
impossible for us to secure a sufficient amount of coin 
to carry on the necessary business of the country. 

Banks were early established under charters from the 
various states. This is not prohibited by the constitu- 
tion. Prior to the civil war, the bank-notes issued by the 
various state banks in all parts of the country amounted 
to a very large sum, and were an important aid in carry- 
ing forward the immense business of the country. 

The exigencies of the times during the civil war, espe- 
cially the need for very large sums of money by the gov- 
ernment to carry on the war, gave occasion for new legis- 
lation by the national government upon this subject. 

In 1864 a bill was passed by congress, providing for a 
bureau of currency in the treasury department under the 
direction of an officer called the comptroller. This bill 
provides that national banks may be formed by voluntary 
associations, with power to issue bills, receive deposits, 
loan money, and perform the ordinary functions of banks. 

A year or two later congress passed another act, 
levying a tax of ten per cent upon all notes issued by 
state banks used for circulation after Aug. 1, 1866. 
Practically, this, of course, excluded the bills of the 
state banks from circulation, so that nearly all of those 
banks throughout the country either closed their busi- 
ness or transferred it to national banks, which were 
formed to take the place of the old state banks. 

The National Bank System. — By the national 
banking law a company of five or more citizens can 



THE NATIONAL BANK SYSTEM. 



197 



organize a national bank. The capital stock of this 
bank is first paid in by the stockholders. Let us sup- 
pose that in a given case this capital stock is to be 
two hundred thousand dollars. The stockholders have 
subscribed for this stock, and paid in the full value 
thereof. Of this two hundred thousand dollars the 
directors vote to invest, it may be, one hundred thou- 
sand dollars in United States bonds. On depositing 
these bonds with the government, the comptroller of 
the currency will issue to the officers of the bank blank 
bills, printed by the national government for this par- 
ticular bank, to the amount of ninety thousand dollars ; 
that is, nine-tenths of the amount of the bonds. The 
bank proceeds to put these bills into circulation. What 
now is the status of the bank ? Its capital stock is two 
hundred thousand dollars. Of this it has invested one 
hundred thousand dollars in United States bonds, which 
are deposited with the government. These bonds are 
interest-bearing bonds, so that the bank receives a fair 
rate of interest for the money thus invested. It has 
another one hundred thousand dollars capital remaining 
in the bank to be loaned, generally for mercantile paper, 
to meet the business wants of the community. For this 
it receives a fair rate of interest. The bank is also a 
bank of deposit, and the business men of the commu- 
nity doing their business at this bank, will keep on 
deposit, perhaps, two hundred thousand dollars on an 
average. A large portion of this extra two hundred 
thousand dollars the bank can also loan and receive 
interest therefor. 

The result is, that the stockholders, by paying in a 
capital of two hundred thousand dollars, are able to 



198 GOVERNMENT UNDER THE CONSTITUTION 

loan nearly four hundred thousand dollars, or double 
the amount of the capital stock. This extra amount of 
money to be loaned pays all the expenses of carrying on 
the business, salaries of officers, rents, etc., and usually 
yields a handsome return to the stockholders. 

This deposit by the bank of United States bonds 
with the government serves a double purpose. In the 
first place, it places in the hands of the government the 
means by which the government can safely guarantee 
the redemption of the bills issued by the bank. In the 
second place, the government has sold to the bank its 
bonds to the amount of one hundred thousand dollars, 
receiving therefor money which in the first place was 
used to carry on the war. These outstanding bonds, 
with others, now constitute the United States debt. 

This method of establishing national banks has 
proved particularly successful. In the first place, all 
the bills of all the banks throughout the whole country, 
are printed at the government printing-office in Wash- 
ington. The paper on which they are printed is so 
skilfully made, and the engraving of the plates from 
which they are printed is done with such nicety, that 
counterfeiting is extremely difficult. 

In the next place, the redemption of all these bills 
payable in coin is guaranteed by the national govern- 
ment ; so that the bills issued by any particular bank 
are not confined in their circulation to the sections of 
the country where the bank is known, but can circulate 
throughout the country with equal safety. Thus we have 
a national currency with entire safety to all bill holders. 
It is safe to say that no banking system has ever yet 
been devised which has proved more successful than this. 



TREASURY NOTES. 



199 



Treasury Notes. — During the war the government 
issued a paper currency usually denominated treasury 
notes, or as they were called in common language, 
"greenbacks," from the circumstance that the engraved 
back of the note was printed in green ink. The gov- 
ernment made these greenbacks legal tender in pay- 
ment of debts, and paid them out from time to time foi 
army supplies, soldiers' pay, and other current expenses. 

Large amounts of these greenbacks continued to 
circulate throughout the country with a somewhat un- 
certain and fluctuating value until 1879, when the gov- 
ernment began to redeem them in gold at par. Since 
then their circulation has been continued on a par value 
with gold and the notes of national banks. The gov- 
ernment, however, has redeemed them to such an extent 
that the amount in circulation has now materially dimin- 
ished. It will thus be seen that the treasury depart- 
ment of the government acts in some sense as a bank 
of issue. It does not loan the money as other banks 
do, but pays out its bills for current expenses. 

The constitution provides that the national govern- 
ment shall absolutely control the coinage of money. It 
prohibits the states severally from making anything but 
gold and silver coin a legal tender in payment of debts, 
and now, by bringing into operation this system of 
national banks which has proved so eminently success- 
ful, our federal government, as it would appear, has 
established the principle that all forms of money and 
currency should be under its control. 

The Banking System. — The present banking sys- 
tem which is in operation throughout the entire civil- 
ized world is of ancient origin, but within a few centuries 



200 GOVERNMENT UNDER THE CONSTITUTION. 

past has made rapid advancement, and been subject to 
important changes and improvements. 

There are intimations in history of some kind of 
banking operations several thousand years ago. It 
would appear from the letters of Cicero that, during 
his travels in Greece and through various countries, he 
carried with him what might be termed bills of credit 
or circular notes, by which he could obtain money in 
the different cities through which he passed. 

Our modern banking system is of the greatest necessity 
to the transaction of the varied and extensive lines of busi- 
ness carried on by the complicated methods now in vogue. 

A merchant sells his goods and receives the money 
in payment for them. Each day he counts up his cash 
and deposits it in the bank where he has chosen to 
transact his business. The following is a sample of the 
deposit slip which he fills out and sends to the bank 
with his money : — 



THE BOSTON NATIONAL BANK, 



DEPOSITED BY 



Boston, 188 



Please state name of Bank upon which Checks 
are drawn, and place band around bills. 


Bills 






Gold 






Check on 






Bk. 




f 



THE BANKING SYSTEM. 2 OI 

It will be seen from this ticket that the merchant not 
only deposits silver and gold coin, and bank-bills, but 
checks on other banks. These checks he has received 
from his customers in payment for goods sold to them. 
On making this deposit the merchant credits cash, and 
debits the bank. The bank debits cash, and credits the 
merchant. There may be fifty, or one hundred, or five 
hundred business men who deposit their money in this 
one bank. The advantages of the plan are numerous. 
In the first place, all these amounts of money are depos- 
ited in a place of safety. The vaults of the bank are 
more secure against thieves and against fire than the 
pockets of the merchant, or the money drawers of his 
store, or a private safe. 

Another advantage to the depositor is that, without 
the handling of any money or the trouble of making 
change, he can pay any bill of current expense, or any 
debt, of any amount, by a check upon the bank, pro- 
vided he has a sufficient amount deposited in the bank. 

The following is a sample check by which the mer- 
chant, John Smith, pays his landlord, Thomas Jones, one 
month's rent for his store : — 



E-< 

10 

05 



Boston, M*£ <* IBS * 

%\tt ^06totx Rational ^atxfe 



Pay to the Order of (y^-a^n^u G5<wt&t 



&* , ^~~~~^~^^^, Dollars. 



No. 4? 



c^WzW ©^-^>^C 



202 GOVERNMENT UNDER THE CONSTITUTION 

The advantage to the bank of these deposits is, that from 
all these merchants it receives and keeps on hand, sub- 
ject to payment by bank-checks, a large amount of money, 
the greater part of which it can loan and receive interest 
upon it. 

Now, let us look into this bank and observe what is 
done with the checks that it receives from its deposi- 
tors. When the books are made up at the close of the 
banking hours to-day, the bank has received from its 
depositors, it may be, several hundred checks for vari- 
ous amounts, larger and smaller. In every large city 
there is what is called a " clearing house." Every 
bank in the city keeps a certain amount of money on 
deposit in the clearing house, with which to redeem its 
own checks. Every bank then sends daily to the clear- 
ing house all checks which it has received, crediting 
cash and debiting the clearing house therefor. The 
clearing house credits the bank from which it has 
received this bundle of checks, and debits cash. The 
clearing house sends daily to these several banks all 
their checks which it has received, crediting cash and 
debiting the banks. 

Some of these checks thus deposited in the bank may 
be drawn upon banks in other places. In that case the 
clearing house returns them either by mail or special 
messenger. 

It is customary for each bank in Boston, or Chicago, 
or St. Louis, etc., to have arrangements with some one 
bank in New York with which it shall transact its New 
York business 

If, now, John Smith wishes to pay a bill in New 
York, he may draw his check for the proper amount, 



INTERNATIONAL BANKING. 



203 



payable to his New York creditor, and send that 
check by mail. The check will find its way back to 
his bank, and when it is presented the bank will debit 
it to his account. Or, to pay his bill in New York, he 
may draw his check for the proper amount, payable to 
his bank, and send that check to the bank with the request 
that it shall give him a draft on New York. The bank 
will return to him a cashier's check on its bank in New 
York City, which he will send to New York to pay his 
bill. Thus the bank operates in the first place in its 
own city, and also with equal facility and advantage in 
other cities of our country. 

International Banking. — Private banking houses 
are established, with branch houses in different parts of 
the world, through which bills due in one country, from 
merchants in another country, can be paid without the 
risk of the transportation of the money. 

When a merchant's individual check or a cashier's 
check is sent from Boston, Chicago, St. Louis, or San 
Francisco, to pay a bill in New York, the risk of sending 
money is avoided. In like manner, an importer in New 
York, wishing to pay a bill for goods in Liverpool, Paris, 
Constantinople, or Yokohama, can make payment by 
buying a draft from one of these international banking 
houses, and sending it by mail to his foreign creditor. 
The creditor receives the draft, debits cash, and credits 
his American friend. This draft he endorses, and de- 
posits it in his own bank, and that bank sends it to the 
banking house, where it is paid. On the other hand, the 
merchant in that country, buying goods from America, 
makes payment in like manner through the same bank- 
ing house. 



204 GOVERNMENT UNDER THE CONSTITUTION. 

The amount of imports from any one of these foreign 
countries Will not exactly balance the amount of exports 
to that country. This difference gives rise to the term 
" balance of trade." This balance of trade must be set- 
tled from time to time, but even then it is often possible 
to make settlement without the transmission of any 
money. For example, New York may import from Paris 
more than it exports ; then New York will owe Paris the 
difference. Paris may import more from Liverpool than 
it exports ; then Paris owes Liverpool the difference. 
New York may export to Liverpool more than it imports 
from there ; then Liverpool will owe New York. In this 
case, if New York should draw on Liverpool and send 
its draft to Paris, the account for the three places would 
be settled. 

In former times, before the ocean steamers, when 
there were frequently great delays in the voyages of 
sailing vessels, duplicate and triplicate bills of exchange 
were issued between the commercial centres of different 
nations. If a merchant in New York wished to send a 
draft to Paris, he would obtain what was then called a 
"bill of exchange " on Paris. This he would receive in 
triplicate, one being marked, "This my first of exchange 
(second and third unpaid)"; the second being, "This 
my second of exchange (first and third unpaid) " ; and 
the third one reading, " This my third of exchange (first 
and second unpaid)." One of these he would send by 
sailing vessel direct to Havre, another, perhaps, to Liv- 
erpool, by the first vessel that sailed, and the third he 
might send by ship to London, or retain it to be for- 
warded afterward in case one of the others did not reach 
its destination. The first that arrived would be paid ; 



INTERNATIONAL BANKING. 



205 



the others would be worthless. At the present day, 
however, with our steamship lines running with regular- 
ity and comparative safety, there is much less necessity 
for duplicate and triplicate bills of exchange. 

Regular drafts are forwarded by merchants from New 
York to the various commercial centres, and received 
from those places in the ordinary course of business, 
almost precisely in the same manner that bills are 
paid between Boston and New York, or St. Paul and 
Chicago. 

Circular Notes. — If an American citizen wishes to 
travel in foreign countries, he may deposit his money in 
New York, at one of these general banking houses, and 
receive a draft on London. On his arrival at London 
he may draw the draft, receiving a portion in money, and 
for the rest taking a draft on Paris. He may exchange 
his draft for another on Rome, St. Petersburg, Con- 
stantinople, or Cairo, or wherever he wishes to go. A 
better plan, however, and one which is more usually fol- 
lowed, is the following: Before leaving home he buys 
in Boston, New York, or elsewhere, a circular note, for 
whatever sum he thinks may be needed for his entire 
travels. This circular note is payable, in whole or in 
part, at his option, at any of the branch houses of this 
banking establishment. He has a list of these branch 
houses, and upon his arrival in London he will call on 
the banking house there, and ask for such a sum as he 
may need, endorsing the payment of it on the back of 
the note. On his arrival at Paris, Berlin, or elsewhere, 
he may draw another amount, and so on until the circu- 
lar note is exhausted. 

This method is of great convenience to travelers, and, 



206 GOVERNMENT UNDER THE CONSTITUTION 

of course, the source of profit to the banks, inasmuch 
as they gain the interest on the money from the time 
the note is purchased until the payments are made 
upon it. 

There are great advantages resulting from this system 
of banking operations. In the first place, the risk of loss 
is reduced to the minimum. Then again, as a traveler 
proceeds from one country to another, he finds a differ- 
ent set of coins and bank-notes in circulation. Should 
he carry American bank-bills to Europe, he must ex- 
change them with a broker, at a discount, for the funds 
current in the country in which he is to travel. 

From the foregoing description it will readily be seen 
that our modern system of banking, while very simple in 
itself, is yet complicated and complete, being wonderfully 
adapted to the business world in the transaction of all 
money affairs. 

[Note to the Teacher : — It is hoped that the foregoing description 
of banking operations will be sufficiently explicit to be readily understood 
by ordinary pupils in high schools and upper classes in grammar schools. 
It is, however, recommended to the teacher that he obtain deposit tickets, 
bank checks, drafts on New York and elsewhere, and, if possible, a blank 
draft on some foreign country, and a circular note. The former can be ob- 
tained from the cashier of any bank and the latter from any international 
banking house. If there is none such in the town, the teacher can obtain 
these necessary blanks by writing to any such banking house in New York 
or other large commercial city. 

The teacher is also recommended to obtain all possible information from 
bank officers and business men, so as to be able to supplement the informa- 
tion given above, and to answer all questions that may be asked by the 
class.] — - . - 



CHAPTER II. 

TERRITORIAL GROWTH. 

The Original Territory. — By the treaty of peace 
with Great Britain in 1783, the boundaries of the United 
States were defined. They were from the Atlantic on 
the east to the Mississippi on the west, and from the 
northern line of Florida on the south to the Great Lakes 
and Canada on the north. This treaty was negotiated 
in Paris by commissioners appointed by the United 
States and by Great Britain for the purpose. France 
had been our ally, and it was expressed distinctly in our 
treaty with that country, that when peace with Great 
Britain should be negotiated, France should be a party 
to the treaty. Moreover, when our commissioners were 
appointed to act for our country in the negotiation of 
this peace, they were instructed by special vote of the 
continental congress to take no step without France. 
Franklin, Jay, and Adams early observed that France 
was not unwilling to pay special attention to the inter- 
ests of Spain in these negotiations. Spain held the 
great province of Louisiana west of the Mississippi, and 
greatly desired to annex to that territory the country 
northwest of the Ohio. Franklin at length cut the knot 
by negotiating the boundary question with the English 
commissioner without the knowledge of the French gov- 
ernment. The provisional treaty, therefore, was signed 
before the French minister had an opportunity to know 



208 TERRITORIAL GROWTH. 

what were to be the boundaries of the new republic. 
Our commissioners in this way succeeded in carrying 
the northern boundary through the centre of the Great 
Lakes and to the Lake of the Woods, thence southerly 
by the whole length of the Mississippi to lat 31 , thence 
easterly to the Atlantic along the northern line of Flor- 
ida. This territory northwest of the Ohio, thus secured 
Jo our country, has proved of vast importance to us. It 
flow comprises five states and that portion of Minnesota 
east of the Mississippi. The extent of the original ter- 
ritory of the United States was something over 800,000 
square miles. This was more than three times as large 
as France, or Spain, or Germany, or Italy. The popula- 
tion was sparse, the settlements extending in the main 
only from 100 to 150 miles from the coast The popu- 
lation was so small and the territory was so large that it 
does not appear to have entered into the minds of the 
founders of the republic that we should ever need or 
acquire additional territory. Hence there is in the con- 
stitution no provision for the acquisition of territory. 

The Louisiana Purchase. — In 1803, however, Presi- 
dent Jefferson proposed to our minister to France, Robert 
R. Livingston, to endeavor to purchase the island of New 
Orleans, in order that we might control the left bank of 
the Mississippi to its mouth. Early in the spring of that 
year, Napoleon, then at the head of the French govern- 
ment, found himself on the eve of a war with Great 
Britain. He was fearful that his enemy would begin the 
war in North America by the capture of New Orleans, 
which would practically convey to Great Britain the en- 
tire province of Louisiana, which he had but lately pur- 
chased of Spain. To prevent this province from fall- 



THE LOUISIANA PURCHASE. 



209 



ing into the hands of Great Britain, he proposed to sell 
it to the United States. The treaty was soon negotiated 
between Mr. Livingston and James Munroe on the part 
of the United States, and Barbe Marbois, Napoleon's 
secretary of the treasury, by which this entire province 
was conveyed to the United States for the sum of 
$15,000,000. After much discussion by the president, 
the cabinet, the senate, and the people of our country, 
the treaty was ratified. By this purchase the United 
States came into possession of that immense extent of 
territory which is bounded upon the east by the Missis- 
sippi throughout its whole extent, and which extends 
northward to lat. 49 , westward to the Rocky Mountains, 
and to the south as far as the Gulf of Mexico, embracing 
about 900,000 miles of the most fertile country, with a 
salubrious climate, and great variety of resources. This 
accession has proved of the utmost importance to the 
growth and development of this nation. 

Florida Treaty. — In 18 19, we negotiated with 
Spain for the purchase of her provinces of east and west 
Florida, paying therefor the sum of $ 5,000,000. 

Texas. — Our next accession was by the annexation 
of Texas in 1845. K had been considered an open 
question whether Texas was not originally included 
within the province of Louisiana, but we relinquished 
our claim to Spain in the Florida treaty of 18 19. 

By that treaty it had been provided that the boundary 
line between the Spanish provinces in North America and 
this country, beginning at the mouth of the Sabine river, 
should follow up that river northward along the line of 
the western boundary of the present state of Louisiana, 
thence due north to the Red river, up the Red river, 



2io TERRITORIAL GROWTH. 

thence due north to the Arkansas river, then following 
the course of the Arkansas to its source, thence north 
to lat. 42 , and west upon that parallel to the Pacific 
Ocean. By this treaty, therefore, we relinquished any 
claims that we might have put forth to Texas. 

California and New Mexico. — Texas, in 1836, 
asserted her independence of Mexico, and in 1845, by 
by vote of congress and of the legislature of Texas, was 
annexed to this country. This gave us a territory of 
about 300,000 square miles. It led to the war with 
Mexico, and at the close of the war, in 1848, we pur- 
chased of that republic California and New Mexico, pay- 
ing therefor the sum of $ 15,000,000, and relinquishing 
claims of our citizens against Mexico for several million 
dollars more. 

Gadsden Purchase. — In 1853 we purchased an ad- 
ditional piece of territory from Mexico south of the Gila 
river, called the " Gadsden purchase/' paying for it 
$ 10,000,000. 

Oregon. — Our title to Oregon is of varied character. 
We have claimed the right to hold this country, 

(1) By right of discovery (Capt. Gray, in 1792). 

(2) By exploration (Lewis and Clarke, in 1805-6). 

(3) By actual settlement (Astoria, in 18 11). 

(4) By purchase from France in 1803, °f whatever 
claim she might have had to the country. 

(5) By purchase from Spain, in the Florida treaty, of 
all her right to this territory north of lat. 42 . 

(6) By treaty with Great Britain in 1846, by which she 
yielded to us all her claims south of lat. 49 . 

Alaska. — In 1867, Secretary Seward negotiated a 
treaty with Russia, by which we obtained, for the sum 



EXTENT OF TERRITORY. 2 II 

of $7,200,000, the entire territory of Alaska. This is 
our latest purchase. 

Our country now embraces about 3,600,000 square 
miles. Its eastern limits are the Atlantic Ocean, its 
western the Pacific Ocean; its southern boundary is 
upon the Gulf of Mexico, and its northern limit is the 
Arctic Ocean. It extends through about 130 of lon- 
gitude, and about 45° of latitude. It may be con- 
sidered as embraced in four nearly equal divisions. 
The first part, being a little less than a quarter of the 
whole, includes the original territory east of the Missis- 
sippi river ; the second quarter, of about 900,000 square 
miles, embraces the province of Louisiana ; the third 
quarter consists of the original Texas, about 300,000 
square miles and the Mexican cession of about 600,000 
more ; the fourth quarter includes the Oregon country, 
about 300,000 square miles, and Alaska about 600,000 
more. 

New States. — At the beginning of our govern- 
ment there were thirteen states. Since then thirty-one 
states have been admitted by congress in accordance 
with a provision of the constitution. Twelve of these 
added states were formed from territory within the orig- 
inal limits. Nineteen states, having equal privileges 
with the original states, have been added to our union 
from acquired territory. We have now, therefore (1890), 
forty-four states, and of the territories, several are ask- 
ing to be admitted as states. 

Growth of the Nation. — On the 4th of July, 1851, 
the corner-stone of a vast extension to the national cap- 
itol, at Washington, was laid by the president with ap- 
propriate ceremonies. On that occasion, Daniel Webster 



212 



TERRITORIAL GROWTH. 



was the orator of the day. He made the following re- 
markable statement relative to the progress our country 
has made since 1793. In order to present the continu- 
ation of this progress, we add the last column, showing 
the same statistics in 1880, so far as known. 

1793. 1851. 1880. 

Number of states in the union . • • 15 31 38 

Members of congress ...... 135 295 369 

Population of the United States . . 3,929,328 23,267,499 50,152,866 

Population of the city of New York . 33,121 Si-S&vj 1,206,590 

Revenue $5,720,624 $43,774,848 $250,000,000 

Imports $31,000,000 $178,138,314 $446,532,718 

Exports .$26,109,000 $151,898,720 $729,053,830 

Tonnage of our vessels 320,764 3,538,454 4,169,601 

Extent of territory of U.S. in sq.m.. . 801,461 3,314,465 3,603,884 

Miles of railroad in operation . . . none 10,287 80,831 

Miles of railroad in construction . . none 10,092 about 20,000 

Lines of electric telegraph, in miles . none 15,000 82,987 

Number of post-offices 209 21,551 40,855 

Number of colleges ....... 19 121 358 

In 1890 the number of states was forty-four, and the 
population of the entire country, as estimated by the 
superintendent of the census, was 64,000,000. 

In addition to these forty-four states there are territo- 
ries as follows : Alaska, Arizona, Indian Territory, New 
Mexico, Oklahoma, Utah, and the District of Columbia. 

The District of Columbia is governed by Congress, 
the people of the District having no political rights 
except what are delegated to them by Congress. 

The Indian Territory has governments organized and 
carried on by the Indians themselves. 

Alaska has no regular territorial government, but has 
a governor, judge, and other officers, appointed by the 
President. The other four territories have territorial gov- 
ernments, organized in accordance with acts of Congress. 



CHAPTER III. 

PRESENT EXTENT OF OUR COUNTRY. 

The entire extent of our country at the present time 
is 3,603,884 square miles. Of this immense area, the 
states proper include a little over 2,700,000 square miles, 
and the territories, in round numbers, 1,000,000 square 
miles. The aggregate population according to the cen- 
sus of 1880 is 50,152,866, of which 49,369,595 are in the 
states, and 783,271 in the territories (including the Dis- 
trict of Columbia). 

The average population per square mile is a little less 
than 14 for the entire area, and for the states proper 23. 
The greatest average per square mile is in Rhode Island, 
which has about 255, and the next is in Massachusetts, 
with 222. 

If the entire country had a population as dense as 
Rhode Island now has, it would contain over 900,000,000, 
or more than three-fifths the present population of the 
globe. 

In a list of all the countries on the globe, only two, 
Asiatic Russia and the Chinese Empire, exceed in extent 
the United States. 

The extent of our country is greater than all Europe, 
if we exclude Turkey, which, properly speaking, is an 
Asiatic power. It is more than half as large as the 
whole of South America. It is thirty times as large as 
Great Britain and Ireland, or eighteen times as large as 



214 



PRESENT EXTENT OF OUR COUNTRY. 



France, or twenty times the size of Spain, or nearly five 
times its original area. 

What shall the Future be ? — Thirty years ago an 
American gentleman, observing the tendency towards 
centralization among the great powers, ventured several 
prophecies respecting the future development of the 
leading powers of the earth. He said : — * 

"The world is now rapidly tending to the aggregation 
or consolidation of nations into a few great empire states. 
England and Russia already excel the Roman empire. 
France is aiming at further annexation of territory. 
Germany will be before many years united in a confed- 
eration. Asia, west of the British dominion, will fall in- 
to the hands of Russia or England. China and Japan 
will be Anglicized or Americanized. The United States 
will take in the whole continent of America. The Aus- 
tralian island will become a federal republic ; and Africa 
will exhibit a line of French provinces in the north, a 
Liberian republic in the west, an Egypto-British state 
in the northeast, and another republic in the south. 
That under this new arrangement and vast aggregation 
of powers the battle of freedom will be fought over again, 
(Russia marshalling the east against the west), we are 
not permitted to doubt ; nor is it less certain that our own 
republic, destined to become the greatest of all nations, 
unless arrested by the suicidal dissolution of the unio^ 
will give the casting vote, with a mailed hand in favor 
of the freedom and progress of the race. The grand 
inference to be deduced in every view of our position 
and duty is, then, that Americans ought to improve and 

* Thomas W. Dorr, in a Providence (R.I.) paper, November, 1853. 



WHAT SHALL THE FUTURE BEf 2 \$ 

hold fast their own institutions, elevate their national 
character, render this the abode of the highest intelli- 
gence, and of a truly Christian civilization, as well as 
the most successful industry, that thus our republic 
may be in readiness, when called upon in the future, to 
decide the fate of nations to hold up for their imitation 
the example of a state whose institutions are more con- 
ducive to the greatest freedom and welfare of mankind 
than any that the world has ever seen." 

It is clear that this great republic has an important 
future before it. In its prosperity is bound up the 
question of popular government. If we succeed, a brill- 
iant future may be predicted for the human race. If we 
fail, the hand goes back for ages upon the dial of prog- 
ress. The result depends largely upon the intelligence 
and the virtue of the masses. If the people are educated 
to read and think and decide for themselves, if they re- 
tain virtue and godliness, the republic is safe and the 
destiny of the race is safe also. 



APPENDIX. 



-•o* 



We have already stated that the first Continental 
Congress, which assembled at Philadelphia September 
5, 1774, adopted a Declaration of Rights. The follow- 
ing is the document, as finally agreed upon by the Con- 
gress, October 14, 1774. It is confined to the consid- 
eration of such rights as had been infringed by acts of 
the British Parliament since the year 1763, for the fur- 
ther consideration of the general state of American 
rights was postponed until a subsequent day. 

DECLARATION OF RIGHTS. 

Whereas, since the close of the last war, the British parlia- 
ment claiming a power of right, to bind the people of America 
by statutes in all cases whatsoever, hath, in some acts, expressly 
imposed taxes on them, and in others, under various pretences, 
but in fact for the purpose of raising a revenue, hath imposed 
rates and duties payable in these colonies, established a board 
of commissioners, with unconstitutional powers, and extended 
the jurisdiction of courts of admiralty, not only for collecting 
the said duties, but for the trial of causes merely arising within 
the body of a county : 

And whereas, in consequence of other statutes, judges, who 
before held only estates at will in their offices, have been made 



2i8 APPENDIX. 

dependent on the crown alone for their salaries, and standing 
armies kept in times of peace : And whereas it has lately been 
resolved in parliament, that by force of a statute, made in the 
thirty-fifth year of the reign of king Henry the eighth, colonists 
may be transported to England, and tried there upon accusa- 
tions for treasons, and misprisions, or concealments of treasons 
committed in the colonies, and by a late statute, such trials 
have been directed in cases therein mentioned : 

And whereas, in the last session of parliament, three statutes 
were made ; one, entitled an " Act to discontinue, in such man- 
" ner and for such time as are therein mentioned, the landing 
" and discharging, lading, or shipping of goods, wares and mer- 
" chandise, at the town, and within the harbour of Boston, in 
"the province of Massachusetts-Bay, in North- America ;" an- 
other, entitled " An act for the better regulating the government 
" of the province of Massachusetts-Bay in New-England ; " and 
another, entitled "An act for the impartial administration of 
"justice, in the cases of persons questioned for any act done by 
" them in the execution of the law, or for the suppression of 
" riots and tumults, in the province of the Massachusetts-Bay, 
" in New-England ; " and another statute was then made, " for 
"making more effectual provision for the government of the 
" province of Quebec, &c." All which statutes are impolitic, 
unjust, and cruel, as well as unconstitutional, and most danger- 
ous and destructive of American rights : 

And whereas, assemblies have been frequently dissolved, con- 
trary to the rights of the people, when they attempted to de- 
liberate on grievances ; and their dutiful, humble, loyal, and 
reasonable petitions to the crown for redress, have been repeat- 
edly treated with contempt, by his majesty's ministers of state : 

The good people of the several colonies of New- Hampshire, 
Massachusetts-Bay, Rhode-Island and Providence Plantations, 
Connecticut, New- York, New- Jersey, Pennsylvania, New-Castle, 
Kent, and Sussex, on Delaware, Maryland, Virginia, North- 



DECLARATION OF RIGHTS. 



219 



Carolina, and South-Carolina, justly alarmed at these arbitrary 
proceedings of parliament and administration, have severally 
elected, constituted, and appointed deputies to meet, and sit 
in General Congress, in the city of Philadelphia, in order to 
obtain such establishment, as that their religion, laws, and 
liberties, may not be subverted. Whereupon the deputies so 
appointed being now assembled, in a full and free representa- 
tion of these colonies, taking into their most serious consider- 
ation, the best means of attaining the ends aforesaid, do, in the 
first place, as Englishmen, their ancestors, in like cases have 
usually done, for affecting and vindicating their rights and lib- 
erties, DECLARE, 

That the inhabitants of the English colonies in North- Amer- 
ica, by the immutable laws of nature, the principles of the 
English constitution, and the several charters or compacts, 
have the following RIGHTS : 

Resolved, N. C. D* 1 . That they are entitled to life, liberty, 
and property, and they have never ceded to any sovereign 
power whatever, a right to dispose of either without their 
consent. 

Resolved, N. CD. 2. That our ancestors, who first settled 
these colonies, were at the time of their emigration from the 
mother country, entitled to all the rights, liberties, and immuni- 
ties of free and natural-born subjects, within the realm of Eng- 
land. 

Resolved, N. CD. 3. That by such emigration they by no 
means forfeited, surrendered, or lost any of those rights, but 
that they were, and their descendants now are, entitled to the 
exercise and enjoyment of all such of them, as their local and 
other circumstances enable them to exercise and enjoy. 

Resolved, 4. That the foundation of English liberty, and of 

* An abbreviation for nemine contradicente ; that is, no one opposing 
or disagreeing. 



220 APPENDIX. 

all free government, is a right in the people to participate in 
their legislative council : and as the English colonists are not 
represented, and from their local and other circumstances, can- 
not properly be represented in the British parliament, they are 
entitled to a free and exclusive power of legislation in their 
several provincial legislatures, where their right of representa- 
tion can alone be preserved, in all cases of taxation and internal 
polity, subject only to the negative of their sovereign, in such 
manner as has been heretofore used and accustomed. But, 
from the necessity of the case, and a regard to the mutual inter- 
est of both countries, we cheerfully consent to the operation of 
such acts of the British parliament, as are bona fide, restrained 
to the regulation of our external commerce, for the purpose of 
securing the commercial advantages of the whole empire to the 
mother country, and the commercial benefits of its respective 
members ; excluding every idea of taxation internal or exter- 
nal, for raising a revenue on the subjects in America, without 
their consent. 

Resolved, IV. C. D. 5. That the respective colonies are enti- 
tled to the common law of England, and more especially to 
the great and inestimable privilege of being tried by their peers 
of the vicinage, according to the course of that law. 

Resolved, 6. That they are entitled to the benefit of such of 
the English statutes, as existed at the time of their coloniza- 
tion ; and which they have, by experience, respectively found 
to be applicable to their several local and other circumstances. 

Resolved, N. CD. 7. That these, his majesty's colonies, are 
likewise entitled to all the immunities and privileges granted 
and confirmed to them by royal charter, or secured by their 
several codes of provincial laws. 

Resolved, N. C D. 8. That they have a right peaceably to 
assemble, consider of their grievances, and petition the king ; 
and that all prosecutions, prohibitory proclamations, and com- 
mitments for the same, are illegal. 



DECLARATION OF RIGHTS. 2 2l 

Resolved, N. C. D. 9. That the keeping a standing army in 
these colonies, in times of peace, without the consent of the 
legislature of that colony, in which such army is kept, is against 
law. 

Resolved, N. C. D. 10. It is indispensably necessary to good 
government, and rendered essential by the English constitution, 
that the constituent branches of the legislature be independent 
of each other ; that, therefore, the exercise of legislative power 
in several colonies, by a council appointed, during pleasure, by 
the crown, is unconstitutional, dangerous and destructive to the 
freedom of American legislation. 

All and each of which the aforesaid deputies, in behalf of 
themselves, and their constituents, do claim, demand, and insist 
on, as their indubitable rights and liberties ; which cannot be 
legally taken from them, altered or abridged by any power what- 
ever, without their own consent, by their representatives in their 
several provincial legislatures. 

In the course of our inquiry, we find many infringements and 
violations of the foregoing rights, which from an ardent desire, 
that harmony and mutual intercourse of affection and interest 
may be restored, we pass over for the present, and proceed to 
state such acts and measures as have been adopted since the 
last war, which demonstrate a system formed to enslave America. 

Resolved, N. C. D. That the following acts of parliament are 
infringements and violations of the rights of the colonists ; and 
that the repeal of them is essentially necessary, in order to re- 
store harmony between Great Britain and the American colonies, 
viz. 

The several acts of 4 Geo. III. ch. 15, and ch. 34. — 5 Geo. 
III. ch. 25. — 6 Geo. III. ch. 52. — 7 Geo. III. ch. 4i,andch. 
46. — 8 Geo. III. ch. 22, which impose duties for the purpose 
of raising a revenue in America, extend the power of the admir- 
alty courts beyond their ancient limits, deprive the American 
subjects of trial by jury, authorize the judges' certificate to indem- 



222 APPENDIX. 

nify the prosecutor from damages, that he might otherwise be 
liable to, requiring oppressive security from a claimant of ships 
and goods seized, before he shall be allowed to defend his prop- 
erty, and are subversive of American rights. 

Also 12 Geo. III. ch. 24, entitled "An act for the better 
"securing his majesty's dock-yards, magazines, ships, ammuni- 
" tion, and stores," which declares a new offence in America, 
and deprives the American subject of a constitutional trial by 
jury of the vicinage, by authorizing the trial of any person, charged 
with the committing any offence described in the said act, out 
of the realm, to be indicted and tried for the same in any shire 
or county within the realm. 

Also the three acts passed in the last session of parliament, 
for stopping the port and blocking up the harbour of Boston, 
for altering the charter and government of Massachusetts-Bay, 
and that which is entitled " An act for the better administration 
"of justice," &c. 

Also the act passed in the same session for establishing the 
Roman Catholic religion, in the province of Quebec, abolishing 
the equitable system of English laws, and erecting a tyranny 
there, to the great danger, (from so total a dissimilarity of reli- 
gion, law and government) of the neighbouring British colonies, 
by the assistance of whose blood and treasure the said country 
was conquered from France. 

Also the act passed in the same session, for the better pro- 
viding suitable quarters for officers and soldiers in his majesty's 
service, in North-America. 

Also, that the keeping a standing army in several of these 
colonies, in time of peace, without the consent of the legislature 
of that colony, in which such army is kept, is against law. 

To these grievous acts and measures, Americans cannot sub- 
mit, but in hopes their fellow subjects in Great-Britain will, on 
a revision of them, restore us to that state, in which both coun- 
tries found happiness and prosperity, we have for the present, 



DECLARATION OF INDEPENDENCE. 



223 



only resolved to pursue the following peaceable measures: 1. 
To enter into a non-importation, non-consumption, and non- 
exportation agreement or association. 2. To prepare an address 
to the people of Great-Britain, and a memorial to the inhabitants 
of British America : and 3. To prepare a loyal address to his 
majesty, agreeable to resolutions already entered into. 



II. 

THE DECLARATION OF INDEPENDENCE, ADOPTED BY CON- 
GRESS JULY 4, 1776. 

A DECLARATION BY THE REPRESENTATIVES OF THE UNITED STATES OF 
AMERICA, IN CONGRESS ASSEMBLED. 

When, in the course of human events, it becomes necessary 
for one people to dissolve the political bands which have con- 
nected them with another, and to assume, among the powers of 
the earth, the separate and equal station to which the laws of 
nature and of nature's God entitle them, a decent respect to the 
opinions of mankind requires that they should declare the causes 
which impel them to the separation. 

We hold these truths to be self-evident, that all men are cre- 
ated equal ; that they are endowed by their Creator with certain 
unalienable rights ; that among these, are life, liberty, and the 
pursuit of happiness. That, to secure these rights, governments 
are instituted among men, deriving their just powers from the 
consent of the governed ; that, whenever any form of govern- 
ment becomes destructive of these ends, it is the right of the 
people to alter or to abolish it, and to institute a new govern- 
ment, laying its foundation on such principles, and organizing its 
powers in such form, as to them shall seem most likely to effect 
their safety and happiness. Prudence, indeed, will dictate that 



224 APPENDIX. 

governments long established, should not be changed for light 
and transient causes \ and, accordingly, all experience hath shown, 
that mankind are more disposed to suffer, while evils are suffer- 
able, than to right themselves by abolishing the forms to which 
they are accustomed. But, when a long train of abuses and 
usurpations, pursuing invariably the same object, evinces a de- 
sign to reduce them under absolute despotism, it is their right, it 
is their duty, to throw off such government, and to provide new 
guards for their future security. Such has been the patient suf- 
ferance of these colonies, and such is now the necessity which 
constrains them to alter their former systems of government. 
The history of the present king of Great Britain is a history of 
repeated injuries and usurpations, all having, in direct object, 
the establishment of an absolute tyranny over these States. To 
prove this, let facts be submitted to a candid world : 

He has refused his assent to laws the most wholesome and 
necessary for the public good. 

He has forbidden his Governors to pass laws of immediate and 
pressing importance, unless suspended in their operation till his 
assent should be obtained ; and, when so suspended, he has 
utterly neglected to attend to them. 

He has refused to pass other laws for the accommodation of 
large districts of people, unless those people would relinquish the 
right of representation in the legislature ; a right inestimable to 
them, and formidable to tyrants only. 

He has called together legislative bodies at places unusual, 
uncomfortable, and distant from the depository of their public 
records, for the sole purpose of fatiguing them into compliance 
with his measures. 

He has dissolved representative houses repeatedly, for oppos- 
ing, with manly firmness, his invasions on the rights of the 
people. 

He has refused, for a long time after such dissolutions, to 
cause others to be elected ; whereby the legislative powers, inca- 



DECLARATION OF INDEPENDENCE. 



225 



pable of annihilation, have returned to the people at large for 
their exercise ; the State remaining, in the mean time, exposed to 
all the danger of invasion from without, and convulsions within. 

He has endeavoured to prevent the population of these 
States ; for that purpose, obstructing the laws for naturalization 
of foreigners ; refusing to pass others to encourage their migra- 
tion hither, and raising the conditions of new appropriations of 
lands. 

He has obstructed the administration of justice, by refusing 
his assent to laws for establishing judiciary powers. 

He has made judges dependent on his will alone, for the ten- 
ure of their offices, and the amount and payment of their sal- 
aries. 

He has erected a multitude of new offices, and sent hither 
swarms of officers to harass our people, and eat out their sub- 
stance. 

He has kept among us, in times of peace, standing armies, 
without the consent of our legislature. 

He has affected to render the military independent of, and 
superior to, the civil power. 

He has combined, with others, to subject us to a jurisdiction 
foreign to our constitution, and unacknowledged by our laws ; 
giving his assent to their acts of pretended legislation : 

For quartering large bodies of armed troops among us : 

For protecting them, by a mock trial, from punishment, for 
any murders which they should commit on the inhabitants of 
these States : 

For cutting off our trade with all parts of the world : 

For imposing taxes on us without our consent : 

For depriving us, in many cases, of the benefits of trial by 
jury: 

For transporting us beyond seas to be tried for pretended 
offences : 

For abolishing the free system of English laws in a neighbour- 



226 APPENDIX. 

ing province, establishing therein an arbitrary government, and 
enlarging its boundaries, so as to render it at once an example 
and fit instrument for introducing the same absolute rule into 
these colonies : 

For taking away our charters, abolishing our most valuable 
laws, and altering, fundamentally, the powers of our governments : 

For suspending our own legislatures, and declaring themselves 
invested with power to legislate for us in all cases whatsoever. 

He has abdicated government here, by declaring us out of his 
protection, and waging war against us. 

He has plundered our seas, ravaged our coasts, burnt our 
towns, and destroyed the lives of our people. 

He is, at this time, transporting large armies of foreign mer- 
cenaries to complete the works of death, desolation, and tyranny, 
already begun, with circumstances of cruelty and perfidy scarcely 
paralleled in the most barbarous ages, and totally unworthy the 
head of a civilized nation. 

He has constrained our fellow-citizens, taken captive on the 
high seas, to bear arms against their country, to become the exe- 
cutioners of their friends and brethren, or to fall themselves by 
their hands. 

He has excited domestic insurrections amongst us, and has 
endeavoured to bring on the inhabitants of our frontiers, the 
merciless Indian savages, whose known rule of warfare is an 
undistinguished destruction, of all ages, sexes, and conditions. 

In every stage of these oppressions, we have petitioned for 
redress, in the most humble terms ; our repeated petitions have 
been answered only by repeated injury. A prince, whose char- 
acter is thus marked by every act which may define a tyrant, is 
unfit to be the ruler of a free people. 

Nor have we been wanting in attention to our British brethren. 

We have warned them, from time to time, of attempts made 
by their legislature to extend an unwarrantable jurisdiction over 
us. We have reminded them of the circumstances of our emi- 



DECLARATION OF INDEPENDENCE. 227 

gration and settlement here. We have appealed to their native 
justice and magnanimity, and we have conjured them, by the 
ties of our common kindred, to disavow these usurpations, which 
would inevitably interrupt our connections and correspondence. 
They, too, have been deaf to the voice of justice and consan- 
guinity. We must, therefore, acquiesce in the necessity, which 
denounces our separation, and hold them as we hold the rest of 
mankind, enemies in war, in peace, friends. 

We, therefore, the representatives of the United States of 
America, in general congress assembled, appealing to the 
Supreme Judge of the world for the rectitude of our intentions, 
do, in the name, and by the authority of the good people of 
these colonies, solemnly publish and declare, That these United 
Colonies are, and of right ought to be, free and independent 
States ; that they are absolved from all allegiance to the British 
crown, and that all political connexion beween them and the state 
of Great Britain, is, and ought to be totally dissolved ; and that, 
as free and independent States, they have full power to levy 
war, conclude peace, contract alliances, establish commerce, and 
to do all other acts and things which independent States may 
of right do. And, for the support of this declaration, with a 
firm reliance on the protection of DIVINE PROVIDENCE, we 
mutually pledge to each other, our lives, our fortunes, and our 
sacred honor. 

The foregoing declaration was, by order of Congress, en- 
grossed, and signed by the following members : 

JOHN HANCOCK. 

New Hampshire. Robert Treat Paine, 

Josiah Bartlett, Elbridge Gerry. 
William Whipple, Rhode f s / an £ 

Matthew Thornton. Stephen Hopkins, 

Massachusetts Bay. William Ellery. 
Samuel Adams, Connecticut. 

John Adams, Roger Sherman, 



228 



APPENDIX. 



Samuel Huntington, 
William Williams, 
Oliver Wolcott. 

New York. 
William Floyd, 
Philip Livingston, 
Francis Lewis, 
Lewis Morris. 

New Jersey. 
Richard Stockton, 
John Witherspoon, 
Francis Hopkinson, 
John Hart, 
Abraham Clark. 

Pennsylvania. 
Robert Morris, 
Benjamin Rush, 
Benjamin Franklin, 
John Morton, 
George Clymer, 
James Smith, 
George Taylor, 
James Wilson, 
George Ross. 

Delazvare. 
Caesar Rodney, 
George Read, 
Thomas M'Kean. 



Maryland. 

Samuel Chase, 

William Paca, 

Thomas Stone, 

Charles Carroll, of Carrollton 

Virginia. 

George Wythe, 
Richard Henry Lee, 
Thomas Jefferson, 
Benjamin Harrison, 
Thomas Nelson, jun. 
Francis Lightfoot Lee, 
Carter Braxton. 

North Carolina. 

William Hooper, 
Joseph Hewes, 
John Penn. 

South Carolina. 
Edward Rutledge, 
Thomas Hey ward, jun. 
Thomas Lynch, jun. 
Arthur Middleton. 

Georgia. 
Button Gwinnett, 
Lyman Hall, 
George Walton. 



Copies of the foregoing Declaration were, by a resolu- 
tion of Congress, sent to the several assemblies, conven- 
tions, and committees, or councils of safety, and to the 
several commanding officers of the continental troops ; 
and it was also proclaimed in each of the United States, 
and at the head of the army. 



ARTICLES OF CONFEDERATION. 229 



III. 

ARTICLES OF CONFEDERATION AND PERPETUAL UNION 
BETWEEN THE STATES. 

To all to whom these presents shall come, we the undersigned 
Delegates of the States affixed to our names, send greeting : — 
Whereas the Delegates of the United States of America in Con- 
gress assembled did on the 15 th day of November in the Year 
of our Lord 1777, and in the Second Year of the Independence 
of America agree to certain articles of Confederation and per- 
petual Union between the States of New-Hampshire, Massachu- 
setts-bay, Rhode-Island and Providence Plantations, Connecti- 
cut, New- York, New-Jersey, Pennsylvania, Delaware, Maryland, 
Virginia, North-Carolina, South-Carolina, and Georgia, in the 
words following, viz. 

Articles of Confederation and Perpetual Union between the States 
of New Hampshire, Massachusetts-bay, Rhode Island and 
Providence Plantations, Connecticut, New- York, New-Jersey, 
Pennsylvania, Delaware, Maryland, Virginia, North- Caro- 
lina, South- Carolina, and Georgia. 

Article I. The Stile of this confederacy shall be "The 
United States of America." 

Article II. Each state retains its sovereignty, freedom and 
independence, and every Power, Jurisdiction and right, which 
is not by this confederation expressly delegated to the united 
states, in congress assembled. 

Article III. The said states hereby severally enter into a 
firm league of friendship with each other, for their common de- 
fence, the security of their Liberties, and their mutual and gen- 
eral welfare, binding themselves to assist each other, against all 
force offered to, or attacks made upon them, or any of them, on 



230 



APPENDIX. 



account of religion, sovereignty, trade, or any other pretence 
whatever. 

Article IV. The better to secure and perpetuate mutual 
friendship and intercourse among the people of the different 
states in this Union, the free inhabitants of each of these states, 
paupers, vagabonds, and fugitives from Justice excepted, shall be 
entitled to all privileges and immunities of free citizens in the 
several states ; and the people of each state shall have free in- 
gress and regress to and from any other state, and shall enjoy 
therein all the privileges of trade and commerce, subject to the 
same duties, impositions and restrictions as the inhabitants there- 
of respectively, provided that such restriction shall not extend 
so far as to prevent the removal of property imported into any 
state, to any other state of which the Owner is an inhabitant ; 
provided also that no imposition, duties or restrictions shall be 
laid by any state, on the property of the united states, or either 
of them. 

If any person guilty of, or charged with treason, felony, or 
other high misdemeanor in any state, shall flee from Justice, 
and be found in any of the united states, he shall upon demand 
of the governor or executive power, of the state from which he 
fled, be delivered up and removed to the state having jurisdic- 
tion of his offence. 

Full faith and credit shall be given in each of these states to 
the records, acts and judicial proceedings of the courts and 
magistrates of every other state. 

Article V. For the more convenient management of the 
general interest of the united states, delegates shall be annually 
appointed in such manner as the legislature of each state shall 
direct, to meet in congress on the first Monday in November, in 
every year, with a power reserved to each state, to recal its dele- 
gates, or any of them, at any time within the year, and to send 
others in their stead, for the remainder of the Year. 



ARTICLES OF CONFEDERATION, 23 1 

No state shall be represented in congress by less than two, 
nor by more than seven members ; and no person shall be capa- 
ble of being a delegate for more than three years in any term 
of six years ; nor shall any person, being a delegate, be capable 
of holding any office under the united states, for which he, or 
another for his benefit receives any salary, fees or emolument 
of any kind. 

Each state shall maintain its own delegates in any meeting of 
the states, and while they act as members of the committee of 
the states. 

In determining questions in the united states, in congress 
assembled, each state shall have one vote. 

Freedom of speech and debate in congress shall not be im- 
peached or questioned in any Court, or place out of congress, 
and the members of congress shall be protected in their persons 
from arrests and imprisonments, during the time of their going 
to and from, and 'attendance on congress, except for treason, 
felony, or breach of the peace. 

Article VI. No state without the Consent of the united 
states in congress assembled, shall send any embassy to, or re- 
ceive any embassy from, or enter into any conference, agree- 
ment, alliance or treaty with any King prince or state ; nor shall 
any person holding any office of profit or trust under the united 
states, or any of them, accept of any present, emolument, office 
or title of any kind whatever from any king, prince, or foreigr 
state; nor shall the united states in congress assembled, or 
any of them, grant any title of nobility. 

No two or more states shall enter into any treaty, confedera- 
tion or alliance whatever between them, without the consent of 
the united states in congress assembled, specifying accurately 
the purposes for which the same is to be entered into, and how 
long it shall continue. 

No state shall lay any imposts or duties, which may interfere 



232 APPENDIX. 

with any stipulations in treaties, entered into by the united 
states in congress assembled, with any king, prince, or state, in 
pursuance of any treaties already proposed by congress, to the 
courts of France and Spain. 

No vessels of war shall be kept up in time of peace by any 
state, except such number only, as shall be deemed necessary 
by the united states in congress assembled, for the defence of 
such state, or its trade ; nor shall any body of forces be kept 
up by any state, in time of peace, except such number only, as 
in the judgment of the united states, in congress assembled, 
shall be deemed requisite to garrison the forts necessary for the 
defence of such state ; but every state shall always keep up a 
well regulated and disciplined militia, sufficiently armed and 
accoutred, and shall provide and have constantly ready for 
use, in public stores, a due number of field pieces and tents, 
and a proper quantity of arms, ammunition and camp 
equipage. 

No state shall engage in any war without the consent of the 
united states in congress assembled, unless such state be actu- 
ally invaded by enemies, or shall have received certain advice 
of a resolution being formed by some nation of Indians to invade 
such state, and the danger is so imminent as not to admit of a 
delay, till the united states in congress assembled can be con- 
sulted : nor shall any state grant commissions to any ships or 
vessels of war, nor letters of marque or reprisal, except it be 
after a declaration of war by the united states in congress as- 
sembled, and then only against the kingdom or state and the 
subjects thereof, against which war has been so declared, and 
under such regulations as shall be established by the united 
states in congress assembled, unless such state be infested by 
pirates, in which case vessels of war may be fitted out for that 
occasion, and kept so long as the danger shall continue, or until 
the united states in congress assembled shall determine other- 
wise. 



ARTICLES OF CONFEDERATION-. 



233 



Article VII. When land-forces are raised by any state for 
the common defence, all officers of or under the rank of colonel, 
shall be appointed by the legislature of each state respectively 
by whom such forces shall be raised, or in such manner as such 
state shall direct, and all vacancies shall be filled up by the state 
which first made the appointment. 

Article VIII. All charges of war, and all other expenses 
that shall be incurred for the common defence or general wel- 
fare, and allowed by the united states in congress assembled, 
shall be defrayed out of a common treasury, which shall be 
supplied by the several states, in proportion to the value of all 
land within each state, granted to or surveyed for any Person, 
as such land and the buildings and improvements thereon shall 
be estimated according to such mode as the united states in 
congress assembled, shall from time to time, direct and appoint. 
The taxes for paying that proportion shall be laid and levied by 
the authority and direction of the legislatures of the several 
states within the time agreed upon by the united states in con- 
gress assembled. 

Article IX. The united states in congress assembled, shall 
have the sole and exclusive right and power of determining on 
peace and war, except in cases mentioned in the 6th article — of 
sending and receiving ambassadors — entering into treaties and 
alliances, provided that no treaty of commerce shall be made 
whereby the legislative power of the respective states shall be 
restrained from imposing such imposts and duties on foreigners, 
as their own people are subjected to, or from prohibiting the 
exportation or importation of any species of goods or commodi- 
ties whatsoever — of establishing rules for deciding in all cases, 
what captures on land or water shall be legal, and in what man- 
ner prizes taken by land or naval forces in the service of the 
united states shall be divided or appropriated — of granting let- 
ters of marque and reprisal in times of peace — appointing courts 



234 



APPENDIX. 



for the trial of piracies and felonies committed on the high seas 
and establishing courts for receiving and determining finally 
appeals in all cases of captures, provided that no member of 
congress shall be appointed a judge of any of the said courts. 

The united states in congress assembled shall also be the last 
resort on appeal in all disputes and differences now subsisting or 
that hereafter may arise between two or more states concerning 
boundary, jurisdiction or any other cause whatever ; which au- 
thority shall always be exercised in the manner following. When- 
ever the legislative or executive authority or lawful agent of any 
state in controversy with another shall present a petition to con- 
gress, stating the matter in question and praying for a hearing, 
notice thereof shall be given by order of congress to the legis- 
lative or executive authority of the other state in controversy, 
and a day assigned for the appearance of the parties by their 
lawful agents, who shall then be directed to appoint by joint con- 
sent, commissioners or judges to constitute a court for hearing 
and determining the matter in question : but if they cannot 
agree, congress shall name three persons out of each of the 
united states, and from the list of such persons each party shall 
alternately strike out one, the petitioners beginning, until the 
number shall be reduced to thirteen ; and from that number not 
less than seven, nor more than nine names as congress shall 
direct, shall in the presence of congress be drawn out by lot, and 
the persons whose names shall be so drawn or any five of them, 
shall be commissioners or judges, to hear and finally determine 
the controversy, so always as a major part of the judges who 
shall hear the cause shall agree in the determination : and if 
either party shall neglect to attend at the day appointed, without 
showing reasons, which congress shall judge sufficient, or being 
present shall refuse to strike, the congress shall proceed to nomi- 
nate three persons out of each state, and the secretary of con- 
gress shall strike in behalf of such party absent or refusing ; and 
the judgment and sentence of the court to be appointed, in the 



ARTICLES OF CONFEDERATION-. 235 

manner before prescribed, shall be final and conclusive ; and if 
any of the parties shall refuse to submit to the authority of such 
court, or to appear or defend their claim or cause, the court 
shall nevertheless proceed to pronounce sentence, or judgment, 
which shall in like manner be final and decisive, the judgment 
or sentence and other proceedings being in either case trans- 
mitted to congress, and lodged among the acts of congress for 
the security of the parties concerned : provided that every com- 
missioner, before he sits in judgment, shall take an oath to be 
administered by one of the judges of the supreme or superior 
court of the state, where the cause shall be tried, " well and truly 
to hear and determine the manner in question, according to the 
best of his judgment, without favour, affection or hope of re- 
ward : " provided also that no state shall be deprived of territory 
for the benefit of the united states. 

All controversies concerning the private right of soil claimed 
binder different grants of two or more states, whose jurisdictions 
as they may respect such lands, and the states which passed such 
grants are adjusted, the said grants or either of them being at 
the same time claimed to have originated antecedent to such 
settlement of jurisdiction, shall on the petition of either party to 
the congress of the united states, be finally determined as near as 
may be in the same manner as is before prescribed for deciding 
disputes respecting territorial jurisdiction between different states. 

The united states in congress assembled shall also have the 
sole and exclusive right and power of regulating the alloy and 
value of coin struck by their own authority, or by that of the 
respective states — fixing the standard of weights and measures 
throughout the United States — regulating the trade and man- 
aging all affairs with the Indians, not members of any of the 
states, provided that the legislative right of any state within its 
own limits be not infringed or violated — establishing or regulat- 
ing post-offices from one state to another, throughout all the 
united states, and exacting such postage on the papers passing 



236 APPENDIX. 

thro* the same as may be requisite to defray the expenses of 
the said office — appointing all officers of the land forces, in 
the service of the united states, excepting regimental officers — 
appointing all the officers of the naval forces, and commissioning 
all officers whatever in the service of the united states — making 
rules for the government and regulation of the said land and 
naval forces, and directing their operations. 

The united states in congress assembled shall have authority 
to appoint a committee, to sit in the recess of congress, to be 
denominated " A Committee of the States," and to consist of 
one delegate from each state ; and to appoint such other com- 
mittees and civil officers as may be necessary for managing the 
general affairs of the united states under their direction — to 
appoint one of their number to preside, provided that no person 
be allowed to serve in the office of president more than one 
year in any term, of three years ; to ascertain the necessary sums 
of Money to be raised for the service of the united states, and 
to appropriate and apply the same for defraying the public ex- 
penses — to borrow money, or emit bills on the credit of the 
united states, transmitting every half year to the respective states 
an account of the sums of money so borrowed or emitted, — to 
build and equip a navy — to agree upon the number of land forces, 
and to make requisitions from each state for its quota, in pro- 
portion to the number of white inhabitants in such state ; which 
requisition shall be binding, and thereupon the legislature of 
each state shall appoint the regimental officers, raise the men 
and cloath, arm and equip them in a soldier like manner, at the 
expense of the united states ; and the officers and men so 
cloathed, armed and equipped shall march to the place appoint- 
ed, and within the time agreed on by the united states in congress 
assembled : But if the united states in congress assembled shall, 
on consideration of circumstances judge proper that any state 
should not raise men, or should raise a smaller number than its 
quota, and that any other state should raise a greater number 



ARTICLES OF CONFEDERATION. 



237 



of men than the quota thereof, such extra number shall be raised, 
officered, cloathed, armed and equipped in the same manner as 
the quota of such state, unless the legislature of such state shall 
judge that such extra number cannot be safely spared out of 
the same, in which case they shall raise, officer, cloath, arm and 
equip as many of such extra number as they judge can be safe- 
ly spared. And the officers and men so cloathed, armed and 
equipped, shall march to the place appointed, and within the 
time agreed on by the united states in congress assembled. 

The united states in congress assembled shall never engage in 
a war, nor grant letters of marque and reprisal in time of peace, 
nor enter into any treaties or alliances, nor coin money, nor reg- 
ulate the value thereof, nor ascertain the sums and expenses 
necessary for the defence and welfare of the united states, or any 
of them, nor emit bills, nor borrow money on the credit of the 
united states, nor appropriate money, nor agree upon the num- 
ber of vessels of war, to be built or purchased, or the number of 
land or sea forces to be raised, nor appoint a commander in 
chief of the army or navy, unless nine states assent to the same : 
nor shall a question on any other point, except for adjourning 
from day to day be determined, unless by the votes of a major- 
ity of the united states in congress assembled. 

The Congress of the united states shall have power to adjourn 
to any time within the year, and to any place within the united 
states, so that no period of adjournment be for a longer duration 
than the space of six months, and shall publish the Journal of 
their proceedings monthly, except such parts thereof relating to 
treaties, alliances or military operations, as in their judgment 
require secrecy ; and the yeas and nays of the delegates of each 
state on any question shall be entered on the Journal, when it is 
desired by any delegate ; and the delegates of a state, or any of 
them, at his or their request shall be furnished with a transcript 
of the said Journal, except such parts as are above excepted, to 
lay before the legislatures of the several states. 



238 APPENDIX, 

Article X. The committee of the states, or any nine of them, 
shall be authorized to execute, in the recess of congress, such of 
the powers of congress as the united states in congress assembled, 
by the consent of nine states, shall from time to time think ex- 
pedient to vest them with ; provided that no power be delegated 
to the said committee, for the exercise of which, by the articles 
of confederation, the voice of nine states in the congress of the 
united states assembled is requisite. 

Article XI. Canada acceding to this confederation, and join- 
ing in the measures of the united states, shall be admitted into, 
and entitled to all the advantages of this union ; but no other 
colony shall be admitted into the same, unless such admission 
be agreed to by nine states. 

Article XII. All bills of credit emitted, monies borrowed 
and debts contracted by, or under the authority of congress, be- 
fore the assembling of the united states, in pursuance of the 
present confederation, shall be deemed and considered as a 
charge against the united states, for payment and satisfaction 
whereof the said united states, and the public faith are hereby 
solemnly pledged. 

Article XIII. Every state shall abide by the determinations 
of the united states in congress assembled, on all questions which 
by this confederation is submitted to them. And the Articles 
of this confederation shall be inviolably observed by every state, 
and the union shall be perpetual ; nor shall any alteration at any 
time hereafter be made in any of them ; unless such alteration 
be agreed to in a congress of the united states, and be after- 
wards confirmed by the legislatures of every state. 

And Whereas it hath pleased the Great Governor of the 
World to incline the hearts of the legislatures we respectively 
represent in congress, to approve of, and to authorize us to rat- 
ify the said articles of confederation and perpetual union. Know 



ARTICLES OF CONFEDERATION. 



239 



Ye that we the undersigned delegates, by virtue of the power 
and authority to us given for that purpose, do by these presents, 
in the name and in behalf of our respective constituents, fully 
and entirely ratify and confirm each and every of the said arti- 
cles of confederation and perpetual union, and all and singular 
the matters and things therein contained : And we do further 
solemnly plight and engage the faith of our respective constitu- 
ents, that they shall abide by the determinations of the united 
states in congress assembled, on all questions, which by the said 
confederation are submitted to them. And that the articles 
thereof shall be inviolably observed by the states we respectively 
represent, and that the union shall be perpetual. In witness 
whereof we have hereunto set our hands in Congress. Done at 
Philadelphia in the state of Pennsylvania the 9th day of July in 
the Year of our Lord, 1778, and in the 3d year of the Indepen- 
dence of America. 



Josiah Bartlett, 

John Hancock, 
Samuel Adams, 
Elbridge Gerry, 

William Ellery, 
Henry Marchant, 

Roger Sherman, 
Samuel Huntington, 
Oliver Wolcott, 

Jas Duane, 
Fras Lewis, 

Jn° Witherspoon, 

Rob* Morris, 
Daniel Roberdeau, 
Jon a Bayard Smith, 

Tho. M'Kean, Feb. 12, 1779, 
John Dickinson, May 5, 1779, 

John Hanson, 
March 1st, 1781, 



John Wentworth, jun. 
August 8th, 1778, 

Francis Dana, 
James Lovell, 
Samuel Holton, 

John Collins, 



Titus Hosmer, 
Andrew Adam, 

William Duer, 
Gouv r Morris, 

Nath 1 Scudder, 

William Clingan, 
Joseph Reed, 
22d July, 1778. 

Nicholas Van Dyke, 

Daniel Carroll, 
March 1st, 1781. 



On the part and behalf of the state 
of New Hampshire. 

On the part and behalf of the state 
of Massachusetts-Bay. 

On the part and behalf of the state 
of Rhode-Island and Providence 
Plantations. 

On the part and behalf of the state 
of Connecticut. 

On the part and behalf of the state 
of New- York. 

On the part and behalf of the state 
of New- Jersey, November 26th, 

1778. 

On the part and behalf of the state 
of Pennsylvania. 

On the part and behalf of the state 
of Delaware. 

On the part and behalf of the state 
of Maryland. 



240 



APPENDIX. 



Richard Henry Lee, 
John Banister, 
Thomas Adams, 

John Penn, 

July 21st, 1778, 

Henry Laurens, 
William Henry Drayton, 
Jn° Matthews, 

Jn° Walton, 
24th July, 1778, 



Jn° Harvie, 

Francis Lightfoot Lee, 

Corns Harnett, 
Jn° Williams, 

Richd Hutson, 
Thos. Heyward, jun. 

Edw d Telfair, 
Edw d Langworthy, 



On the part and behalf of the stati 
of Virginia. 

On the part and behalf of the state 
of North Carolina. 

On the part and behalf of the state 
of South Carolina. 

On the part and behalf of the state 
of Georgia. 



IV. 



ELECTORAL COUNT BILL. 

Chap. 90. — An act to fix the day for the meeting of the electors of 
President and Vice-President, and to provide for and regulate the count- 
ing of the votes for President and Vice-President, and the decision of 
questions arising thereon. 

Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
electors of each State shall meet and give their votes on the 
second Monday in January next following their appointment, 
at such place in each State as the legislature of such State shal] 
direct. 

Sec 2. That if any State shall have provided, by laws en- 
acted prior to the day fixed for the appointment of the elec- 
tors, for its final determination of any controversy or contest 
concerning the appointment of all or any of the electors of 
such State, by judicial or other methods or procedures, and 
such determination shall have been made at least six days 
before the time fixed for the meeting of the electors, such de- 
termination made pursuant to such law so existing on said day, 
and made at least six days prior to the said time of meeting 
of the electors, shall be conclusive, and shall govern in the 
counting of the electoral votes as provided in the Constitution, 



ELECTORAL COUNT BILL. 



241 



and as hereinafter regulated, so far as the ascertainment of the 
electors appointed by such State is concerned. 

Sec. 3. That it shall be the duty of the executive of each 
State, as soon as practicable after the conclusion of the appoint- 
ment of electors in such State, by the final ascertainment under 
and in pursuance of the laws of such State providing for such 
ascertainment, to communicate, under the seal of the State, to 
the Secretary of State of the United States, a certificate of such 
ascertainment of the electors appointed, setting forth the names 
of such electors and the canvass or other ascertainment under 
the laws of such State of the number of votes given or cast for 
each person for whose appointment any and all votes have been 
given or cast ; and it shall also thereupon be the duty of the 
executive of each State to deliver to the electors of such State, 
on or before the day on which they are required by the pre- 
ceding section to meet, the same certificate, in triplicate, under 
the seal of the State ; and such certificate shall be inclosed 
and transmitted by the electors at the same time and in the 
same manner as is provided by law for transmitting by such 
electors to the seat of Government the lists of all persons voted 
for as President and of all persons voted for as Vice-President ; 
and section one hundred and thirty-six of the Revised Statutes 
is hereby repealed; and if there shall have been any final 
determination in a State of a controversy or contest as pro- 
vided for in section two of this act, it shall be the duty of the 
executive of such State, as soon as practicable after such deter- 
mination, to communicate, under the seal of the State, to the 
Secretary of State of the United States, a certificate of such 
determination, in form and manner as the same shall have been 
made ; and the Secretary of State of the United States, as soon 
as practicable after the receipt at the State Department of each 
of the certificates hereinbefore directed to be transmitted to the 
Secretary of State, shall publish, in such public newspaper as 
he shall designate, such certificates in full; and at the first 



242 



APPENDIX. 



meeting of Congress thereafter he shall transmit to the two 
Houses of Congress copies in full of each and every such cer- 
tificate so received theretofore at the State Department. 

Sec. 4. That Congress shall be in session on the second 
Wednesday in February succeeding every meeting of the elec- 
tors. The Senate and House of Representatives shall meet in 
the Hall of the House of Representatives at the hour of one 
o'clock in the afternoon on that day, and the President of the 
Senate shall be their presiding officer. Two tellers shall be 
previously appointed on the part of the Senate and two on the 
part of the House of Representatives, to whom shall be handed, 
as they are opened by the President of the Senate, all the cer- 
tificates and papers purporting to be certificates of the elec- 
toral votes, which certificates and papers shall be opened, 
presented, and acted upon in the alphabetical order of the 
States, beginning with the letter A; and said tellers, having 
then read the same in the presence and hearing of the two 
Houses, shall make a list of the votes as they shall appear from 
the said certificates ; and the votes having been ascertained 
and counted in the manner and according to the rules in this 
act provided, the result of the same shall be delivered to the 
President of the Senate, who shall thereupon announce the state 
of the vote, which announcement shall be deemed a sufficient 
declaration of the persons, if any, elected President and Vice- 
President of the United States, and, together with a list of the 
votes, be entered on the Journals of the two Houses. Upon 
such reading of any such certificate or paper, the President of 
the Senate shall call for objections, if any. Every objection 
shall be made in writing, and shall state clearly and concisely, 
and without argument, the ground thereof, and shall be signed 
by at least one Senator and one Member of the House of Rep- 
resentatives before the same shall be received. When all objec- 
tions so made to any vote or paper from a State shall have been 
received and read, the Senate shall thereupon withdraw, and 



ELECTORAL COUNT BILL. 



243 



such objections shall be submitted to the Senate for its decis- 
ion * and the Speaker of the House of Representatives shall, in 
like manner, submit such objections to the House of Repre- 
sentatives for its decision ; and no electoral vote or votes from 
any State which shall have been regularly given by electors 
whose appointment has been lawfully certified to according to 
section three of this act from which but one return has been 
received shall be rejected, but the two Houses concurrently 
may reject the vote or votes when they agree that such vote 
or votes have not been so regularly given by electors whose 
appointment has been so certified. If more than one return 
or paper purporting to be a return from a State shall have been 
received by the President of the Senate, those votes, and those 
only, shall be counted which shall have been regularly given by 
the electors who are shown by the determination mentioned in 
section two of this act to have been appointed, if the deter- 
mination in said section provided for shall have been made, or 
by such successors or substitutes, in case of a vacancy in the 
board of electors so ascertained, as have been appointed to 
fill such vacancy in the mode provided by the laws of the 
State ; but in case there shall arise the question which of two 
or more of such State authorities determining what electors 
have been appointed, as mentioned in section two of this act, 
is the lawful tribunal of such State, the votes regularly given 
of those electors, and those only, of such State shall be 
counted whose title as electors the two Houses, acting sepa- 
rately, shall concurrently decide is supported by the decision 
of such State so authorized by its laws ; and in such case of 
more than one return or paper purporting to be a return from 
a State, if there shall have been no such determination of the 
question in the State aforesaid, then those votes, and those 
only, shall be counted which the two Houses shall concurrently 
decide were cast by lawful electors appointed in accordance 
with the laws of the State, unless the two Houses, acting sepa- 



244 APPENDIX. 

rately, shall concurrently decide such votes not to be the lawful 
votes of the legally appointed electors of such State. But if 
the two Houses shall disagree in respect of the counting 
of such votes, then, and in that case, the votes of the electors 
whose appointment shall have been certified by the Executive 
of the State, under the seal thereof, shall be counted. When 
the two Houses have voted, they shall immediately again meet, 
and the presiding officer shall then announce the decision of 
the questions submitted. No votes or papers from any other 
State shall be acted upon until the objections previously made 
to the votes or papers from any State shall have been finally 
disposed of. 

Sec. 5. That while the two Houses shall be in meeting as 
provided in this act the President of the Senate shall have 
power to preserve order ; and no debate shall be allowed and 
no question shall be put by the presiding officer except to 
either House on a motion to withdraw. 

Sec. 6. That when the two Houses separate to decide upon 
an objection that may have been made to the counting of any 
electoral vote or votes from any State, or other question arising 
in the matter, each Senator and Representative may speak to 
such objection or question five minutes, and not more than 
once ; but after such debate shall have lasted two hours it shall 
be the duty of the presiding officer of each House to put the 
main question without further debate. 

Sec. 7. That at such joint meeting of the two Houses seats 
shall be provided as follows : For the President of the Senate, 
the Speaker's chair ; for the Speaker, immediately upon his left ; 
the Senators, in the body of the Hall upon the right of the 
presiding officer ; for the Representatives, in the body of the 
Hall not provided for the Senators • for the tellers, Secretary 
of the Senate, and Clerk of the House of Representatives, at 
the Clerk's desk ; for the other officers of the two Houses, in 
front of the Clerk's desk and upon each side of the Speaker's 



ELECTORAL COUNT BILE 245 

platform. Such joint meeting shall not be dissolved until the 
count of electoral votes shall be completed and the result 
declared ; and no recess shall be taken unless a question shall 
have arisen in regard to counting any such votes, or otherwise 
under this act, in which case it shall be competent for either 
House, acting separately, in the manner hereinbefore provided, 
to direct a recess of such House not beyond the next calendar 
day, Sunday excepted, at the hour of ten o'clock in the fore- 
noon. But if the counting of the electoral votes and the decla- 
ration of the result shall not have been completed before the 
fifth calendar day next after such first meeting of the two 
Houses, no further or other recess shall be taken by either 
House. 

Approved, February 3, 1887. 



INDEX. 



«♦<>•- 



AdmWsion of New States, 164. 

Ad Valorem Duties, 107. 

Aldermen, 7. 

Amendments to the Constitution, 78, 
171. 

'Annapolis, Convention at, 57. 

Appropriation Bills, 132. 

Armies, Support of, Powers of Con- 
gress, 122. 

Army, Officers of, 123 ; Rules of, Pow- 
ers of Congress, 125. 

Articles of Confederation, The, 53. 

Assessors of Taxes, 4. 

Auditor, 24. 

Agriculture, Department of, 195. 

Banking, International, 203. 

Banking System, The, 200. 

Bankruptcy, Powers of Congress, 109, 
in. 

Bill of Attainder, Powers of Congress, 

131. 
Bills of Revenue, 102. 
Boroughs, 6. 
British Colonies, 29. 
Bureau of Education, 17. 

Charter Governments, 47. 

Church and State, 19. 

Circular Notes, 205. 

Cities, 6. 

City Charter, 6 ; Officers, 6. 

Coinage of Money, Powers of Congress, 

in. 
Collectors of Taxes, 5. 
Colonial Governments, Dutch, 44; 

England, 44 ; French, 44. 
Colonial Government, Kinds of, 45. 
Colonial Governments, Spain, 43. 



Colonies, British, 29; Thirteen Eng- 
lish, 44. 

Commerce, Powers of Congress, 109. 

Congress of 1765, The, 39. 

Congress, Meeting of, 99; Powers of, 
105; Privileges of Members, 101; 
Quorum of, 99; Rules of, 100; Sal- 
ary of Members of, 101. 

Constitution Approved, The, 60 ; Divi- 
sion into Subjects, 88; Government 
under the, 184 ; The, 63. 

Continental Congress, The First, 40; 
The Second, 42, 48. 

Convention at Annapolis, 57; The 
Federal, 58. 

Copyrights, Assignments, 119; Copies 
of Duplicate Certificates, 119; Dura- 
tion of, 118; Fees, 117; for Works 
of Art, 119 ; Full Name of Proprietor 
Required, 120 ; No Labels or Names, 
120; Notice of, to be given by Im- 
print, 117 ; Powers of Congress, 116 ; 
Printed Title Required, 116 ; Renew- 
al of, 118; Serials, 119; Separate 
Publications, 119 ; Time of Publica- 
tion, 119; Translations, 118. 

Counterfeiting, Punishment of, Powers 
of Congress, 113. 

Copyrights, Two Copies Required, 117. 

County, 26. 

Dates of Ratification of the Constitu- 
tion, 62. 

Declaration of Independence, The, 49. 

Department of Justice, The, 195; of 
the Interior, The, 189 ; of the Navy, 
The, 188; The Executive, 142, 181; 
The Judicial, 158; The Legislative, 



248 



INDEX. 



89, 177; The Post-Office, 191; of 
State, The, 182; The Treasury, 184; 
The War, 186 ; of Agriculture, 195. 

District of Columbia, Powers of Con- 
gress, 125. 

Duties, 106. 

Education and the National Govern- 
ment, 16; Bureau of, 17; State Sys- 
tems of, 17. 

Election of President, 141 ; by the 
House, 148. 

Electors, 139 ; Counting of the Votes of 
the, 147 ; Date of Choosing the, 142 ; 
Date of Voting of, 142 ; Meeting of 
the, 146; Method of Electing the, 

145. 

Excises, 106. 

Executive Department, The, 142, 181. 

Executive Power, The, 137. 

Export Duties, Powers of Congress, 
132. 

Ex post facto Law, Powers of Con- 
gress, 131. 

Federal Convention, The, 58. 

Florida Treaty, 209. 

Formation of New States, 164. 

Free and Slave States, 165. 

French and Indian War, The Results of 

the, 31. 
French Settlements, 29. 

Gadsden Purchase, 210. 

General Powers of Congress, 127. 

General Welfare, The, 10. 

Germs of Union, The, 36. 

Government, Contact with, 26 ; in oper- 
ation, 175; Military, 10; Police, 11; 
under the Constitution, 184 ; Schools, 
16 ; The Colonial, 55 ; The Confed- 
erate, 55 ; The Constitutional, 56 ; 
The Revolutionary, 55 ; Three De- 
partments of, 87. 

Governments, Charter, 47; Proprie- 
tary, 46. 

Gradation of Schools, 19. 

Growth of the Nation, 211. 



House of Representatives, 90, 179; Offi- 
cers of, 92. 

Impeachments, 97. 

Imposts, 106. 

Independence, The Drift towards, 32. 

Interior, The Department of the, 189. 

International Banking, 203. 

Interstate Surrender, 164. 

Judicial Department, The, 158. 

Judicial Power, The, 159. 

Justice, 10 ; The Department of, 195. 

Land-Office, The, 189. 
Law-Making, 102. 

Legislative Department, The, 89, 177. 
Letters of Marque and Reprisal, Powers 

of Congress, 122. 
Louisiana Purchase, The, 208. 

Mails, The, 113. 

Man a Social Being, 1. 

Mayor, 6. 

Meeting of Congress, 99. 

Members of Congress, Privileges of, 
101 ; Salary of, 101. 

Military Government, 10. 

Militia, 125. 

Ministers Resident, 184. 

Miscellaneous Provisions, 163. 

Mode of Amending the Constitution, 
169. 

Moderator, 2. 

Money, Coinage of, Powers of Con- 
gress, in. 

Municipalities, 26. 

Nation and the State, The, 27. 
National Bank System, The, 197. 
National Government and Education, 

The, 16. 
Naturalization, Powers of Congress, 

109. 
Navy, The Department of the, 188; 

Officers of, 124; Rules of, Powers of 

Congress, 125; Support of, Powers 

of Congress, 124. 



INDEX. 



249 



Need of Government, 1. 

New States, 164, 211. 

Objects of Government, The, 9. 
Overseers of the Poor, 5. 

Patents, Powers of Congress, 120. 

Peace, 10. 

Piracies, Punishments of, Powers of 
Congress, 121. 

Police Government, 11. 

Postal Money Orders, 115. 

Postmasters, 113. 

Post-Office Department, The, 191. 
, Post-Offices, Powers of Congress, 113. 

Powers of Congress, 105. 

Powers of President, 155. 

Power, The Judicial, 159. 

Preamble, 9, 84. 

Present Extent of Our Country, 213. 

President, 137 ; Election by the House 
of the, 148 ; Election of, 141 ; Im- 
peachment of, 157 ; of the Senate, 96 ; 
Powers of, 155; Qualifications for, 
149. 

Presidential Term, 137. 

Presidents, The, 138. 

President's Oath of Office, 154 ; Salary, 

153. 
President's Veto, 103. 
Property, Valuation of, 22. 
Proprietary Governments, 46. 
Provincial Governments, The, 45. 
Public Lands for School Purposes, 

is; 

Public Ministers and Consuls, 183; 

Schools, 14. 
Punishment of Treason, The, 162. 

Qualifications for President, 149. 
Quebec, The Battle of, 30. 
Quorum of Congress, 99. 

Ratification and Amendments, 169; 

of the Constitution, Dates of, 62. 
Representatives, Appointment of, 91 ; 

House of, 90 ; House of, Officers of, 

92 ; Qualifications for, 90. 



Restrictions upon the States, 134. 
Rules of Congress, 100. 

Salary of Members of Congress, 101; 
of the President, 153. 

School Committee, 3 ; Purposes, Public 
Lands for, 15 ; Superintendents, 19. 

Schools at the West, 14 ; Government, 
16 ; Gradation of, 19 ; in New Eng^ 
land, Early Public, 14 ; of the South, 
15; Public, 14. 

Secretary of Legation, 184. 

Selectmen, 3. 

Senate, Officers of, 96; President of, 
96, 178 ; The, 93, 178. 

Senators, Qualifications for, 95. 

Settlements, French, 29 ; Spanish, 29. 

Slave Trade, 121 ; Powers of Congress, 
129. 

Speaker of the House, 179. 

Specific Duties, 107. 

State, 26 ; Legislatures, 134 ; The De^ 
partment of, 182. 

States and the Nation, Origin of the, 28, 

Succession to the Presidency, 151. 

Succession to the Vice-Presidency, 178. 

Superintendence, State, 18. 

Supervision, 18. 

Supremacy of the United States Gov- 
ernment, 169. 

Surveyors of Highways, 4. 

Taxation, 21. 

Taxes, 2 ; Assessors of, 4 ; Collection 
of, 24 ; Collectors of, 5 ; Exemptions 
from, 25 : Levying of, 23 ; Powers of 
Congress, 106. 

Term of President, 137. 

Territorial Growth, 207. 

Territories, The, 167. 

Titles of Nobility, 133. 

Town Clerk, 3. 

Town Government, A, 2. 

Town Meeting, 2. 

Town Officers, 2. 

Town Treasurer, 3. 

Township System, The, 17. 

Township, The, 1. 



250 



INDEX. 



Treason, 161 ; The Punishment of, 162. 

Treasurer, 24. 

Treasury Accounts, 132. 

Treasury Department, The, 184. 

Treasury Notes, 199. 

CJnion, The Difficulties in the Way of, 
38 ; The First Attempt at, 36 : The 
Germs of, 36 ; The Second Attempt 
at, 38 ; The Third Attempt at, 38. 

United States Government Supreme, 
169. 



Valuation of Property, 22. 
Vice-President, 137 ; Election of the, 

148. 
Village Officers, 8. 
Villages, 6. 

War Department, The, 186. 
War, Powers of Congress, 122. 
Washington elected President, 61. 
Weights and Measures, Powers of Con- 
gress, in, 112. 
What shall the future be, 214. 



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